| Abstrakt: |
Does the ascendance of the artificially intelligent corporation threaten the integrity and legitimacy of democracy? The question seems particularly important as the 2024 presidential election approaches. Hardly a day passes without a new report regarding the disruptive impact of harnessing artificial intelligence ("AI") technologies. A cascading cadre of academics, business leaders, and politicians warn that unchecked development and dissemination of AI could irreparably damage vital institutions of civil society. Despite the warnings about existential threats AI poses to human agency and democratic processes, reliance on AI technologies proliferates at break-neck speed. The concern about AI's destructive impact gets exacerbated by the increasing dominance of corporations in politics. Following the decision in Citizens United v. FEC, corporations enjoy essentially the same speech rights as sentient human beings. With increasing zeal, corporations attempt to dominate the political realm in an effort to enhance the bottom line. Because extant law generally does not require disclosure of corporate political expenditures, corporations clandestinely manipulate voters to increase sales or secure a more favorable regulatory environment. This Article argues that the proliferation of AI combined with the increasing dominance of corporations in our society calls for revamping basic principles of corporate governance. In particular, the Article examines whether interpreting corporate fiduciary duties through the lens of political "discourse theory" could better ensure corporate practices meaningfully align with the preferences of shareholders and other corporate stakeholders. Considering some of the most important decisions governing our daily lives already get made behind boardroom doors rather than in the public sphere, the rapid integration of AI into corporate decision making and operations threatens the very legitimacy of our democratic society. Without reinvigorating governance structures around democratic discourse, we might surrender political sovereignty to artificially intelligent corporations. [ABSTRACT FROM AUTHOR] |
