Citizenship as the exception to the rule: an addendum

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Citizenship as the exception to the rule: an addendum Tyler L. Jaynes1  Received: 23 February 2020 / Accepted: 28 October 2020 © Springer-Verlag London Ltd., part of Springer Nature 2020

Abstract This addendum expands upon the arguments made in the author’s 2020 essay, “Legal Personhood for Artificial Intelligence: Citizenship as the Exception to the Rule”, in an effort to display the significance human augmentation technologies will have on (feasibly) inadvertently providing legal protections to artificial intelligence systems (AIS)—a topic only briefly addressed in that work. It will also further discuss the impacts popular media have on imprinting notions of computerised behaviour and its subsequent consequences on the attribution of legal protections to AIS and on speculative technological advancement that would aid the sophistication of AIS. Keywords  Artificial intelligence · Optical computation · Human augmentation · Legal personality · Speculative bioethics · Technoethics

1 Introduction Although many aspects remain unexplored concerning nonbiologic intelligence systems (NBIS) gaining legal protections in the United States and elsewhere (Dowell 2018), the majority of them cannot be thoroughly analysed until judiciaries internationally have had more time to comprehend the various ramifications that will result in either accounting or not accounting for NBIS citizens like Sophia the Robot (Jaynes 2020). While this uncertainty may not ordinarily remain unchecked from an ethicist’s perspective, it is an inevitability that must be faced due to the complexities of the judicial and legislative processes in a globalised society so driven towards automation. What cannot be overlooked, however, is the reality that there still exists manners in which NBIS may inadvertently gain legal protections or citizenship without the current lex lata1 ever changing through legislative or judicial means. Most simply, this is through the integration of NBIS into the human form—which should commonly be considered to be human augmentation (HA) as opposed to human enhancement, given that enhancement of the human form can occur through the utilisation

* Tyler L. Jaynes [email protected] 1



Graduate Student, Alden March Bioethics Institution at Albany Medical College, Albany, NY, USA

of nootropics or other like chemical substances beyond the integration of “smart” devices into the human form. To clarify, the notion of NBIS—as opposed to non-biological intelligence (NBI)—is semantically utilised herein to incite one to imagine machine intelligence (MI) as opposed to some theoretical intelligence that exists separate from the chemically organic intelligence found on Earth. Admittedly, the author’s explication of NBI (Jaynes 2020, 344) has muddled how the latter term may be used when referring to MI or other terminology as it relates to artificial (computer) intelligence(s), which is the inspiration for this semantic delineation of terminology. In an effort to prevent further semantic confusion within the field, th