2,3,4) A judge could reasonably find that you were attempting to circumvent the law and declare all of these as “bot”.
The judicial system will not specify in writing complete coverage for every loophole. Judges can, regardless, find you guilty.
[0] https://www.nolo.com/legal-encyclopedia/the-tcpa-protection-...
[2] https://abc7news.com/politics/campaigns-are-texting-voters-o...
Unless you were disabled and using assistive technology.
It is when the substitution is both context-aware and not what you intended to write.
> 2,3,4) A judge could reasonably find that you were attempting to circumvent the law and declare all of these as “bot”.
Wait, so if someone sends you a question and the suggestions can detect from the context your answer, you're a bot because you chose the suggestion instead of typing out words with the same meaning? Then aren't most people texting going to have to declare themselves bots?
> The judicial system will not specify in writing complete coverage for every loophole. Judges can, regardless, find you guilty.
"Judges will decide something" is no help to you when you're trying to predict what they will decide ahead of time. Finding out after the fact does a fat lot of good after you've already engaged in the behavior in question and an unfavorable ruling puts you in jail.
The law clearly targets automated content creation that is not declared as such, not assistive writing technologies, and this will be considered by the judicial system when evaluating your stated intentions and actual actions. If you are unable to predict with confidence the outcome of your intentions and actions as they may be interpreted by the judicial system, please seek legal counsel for further guidance.
How are those two different things? In each case it's a machine generating and suggesting things that you may want to write. Presumably in the second case the suggestions would have to be more sophisticated in order to be coherent most of the time, but that still doesn't really give you any useful criteria to distinguish them. We're already at the point that phones have context-aware word suggestions. There isn't really a principled line to draw there at the point where the suggestions get good enough to constitute the entire message. It already happens sometimes.
Do you intend to prepare your thoughts as written word, and you use technology to write those thoughts rapidly? Then that’s probably fine.
Do you intend to prepare written works written by algorithm, software, or technology, to a degree that the work can no longer be reasonably considered the creative output of a tool-assisted human and is now instead the creative output of a human-assisted tool? Then that’s probably not fine.
If you want another way to look at this problem, imagine that our society grants algorithms copyright over the works they produce with our assistance, while granting us copyright of the works we produce with the assistance of algorithms, and that the law demands all algorithms be credited (CC-AT) when their copyrighted works are republished by humans. Copyright law has significant experience studying the problems of entangled and commingled ownership of works, but it’s too soon for US society to grant copyright to algorithms over their works, and so this law is all we get today.
> If you want another way to look at this problem, imagine that out society grants algorithms copyright over the works they produce with our assistance, while granting us copyright of the works we produce with the assistance of algorithms, and that the law demands all algorithms be credited (CC-AT) when their copyrighted works are republished by humans.
That's just restating the question, not answering it. And the hairy mess used for copyright is not a very promising thing to aspire to.
That will probably be distinguished between by a judge looking at all the facts that apply to a specific case, and making up a decision. Details such as these are the reason why there's a justice system with actual humans in it and not just some software bot calling shots by following if-then-else statements written in law documents.
They are of different colour[0]. Sounds like the law is aiming at that distinction.
Whether or not a piece of computer-generated content was "automated content" vs. "assistive writing" might entirely depend on the answer to the question "why was this piece of writing created?".
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Ignoring predictable ambiguities to be resolved by the subjective whims of the judiciary is not the rule of law, and the fact that it regularly happens doesn't change that or make it right.
Believing so is a common misconception amongst engineers, but depending on it as such is likely to lead to disappointment, frustration, anger, needless bickering, extended conflict, and vexatiously long, hard to read, and mostly unenforceable contracts.
I mean, people have tried! Ethereum created a system of contracts implemented as a programming language. Know what it led to? People losing huge amounts of their money after someone found a bug in the contract and exploited it. And after that, the money was gone. The hacker had followed the contract as written, and the money was theirs now.
Ultimately, the only ways that situation doesn't play out is if the system is designed perfectly not just for current use but all future uses, or Humans are removed entirely from the equation. Since the former is impossible, and the latter means the system is either irrelevant or we're all dead and gone, we might as well accept Human intervention as inevitable.
Above all, if the law would be code, who would decide the input? Unless every conversation and record is already in the Law-Bots huge power is given to the "formatting" of the evidences.
Loopholes are just day 0 exploits of the legal system.
Making the law clear and correct is the only way to prevent the ambiguities from being construed in favor of whoever has the most money to spend litigating it.