Intent to deceive. Hmmmm. An interesting construct.
So if my writing skills were poor and I used AI to "re-write my entire post" to improve the clarity of my post, it's not really an "intent to deceive others into believing I wrote it" as much as it is an intention to provide greater clarity for the reader.
Seems to me that "intent to deceive" would be a challenge to determine. And determining the level of maliciousness in that intent would inherently be subjective. Here's Gemini AI's response when I asked "Why is intent to deceive a challenging determination?"
Intent to deceive is a challenging determination for several reasons, particularly in legal contexts like patent law:
All this said, I am a contrarian who spent 10 years as a Super Moderator of a 20+ year old forum with 100,000+ Members and 1,400,000+ posts who finds that rules which attempt to guide behavior generally fail to achieve their goals, and enforcement becomes untenable to even the most control-obsessed Moderators. Seems to me this is a unrealistic solution in search of an inevitably uncontrollable problem. YMMV
So if my writing skills were poor and I used AI to "re-write my entire post" to improve the clarity of my post, it's not really an "intent to deceive others into believing I wrote it" as much as it is an intention to provide greater clarity for the reader.
Seems to me that "intent to deceive" would be a challenge to determine. And determining the level of maliciousness in that intent would inherently be subjective. Here's Gemini AI's response when I asked "Why is intent to deceive a challenging determination?"
Intent to deceive is a challenging determination for several reasons, particularly in legal contexts like patent law:
- Subjectivity of Intent: Intent is an internal mental state. It's not something directly observable like an action. You can't simply look at someone and know what they were thinking. This makes proving intent reliant on circumstantial evidence and interpretation, which can be difficult and contested.
- Circumstantial Evidence: Since direct evidence of intent is rare, it's usually inferred from the surrounding circumstances. This can involve analyzing a person's actions, statements, and the context in which they occurred. However, different people can interpret the same circumstances in different ways, leading to disputes about whether the evidence truly points to an intent to deceive.
- Balancing Good Faith with Deceptive Intent: Often, there's a need to weigh evidence of deceptive intent against evidence of good faith. For example, in patent law, someone might have withheld information, but they might argue they did so because they genuinely believed it was irrelevant, not because they intended to deceive. Determining which interpretation is more credible can be complex.
- Burden of Proof: In many legal cases, there's a high burden of proof required to establish intent to deceive. This often means proving it by "clear and convincing evidence," a standard that requires more than a mere preponderance of evidence. Meeting this standard can be a significant hurdle.
- Complexity of Human Behavior: Human behavior is complex and multifaceted. People can have mixed motives, and their actions might not always perfectly reflect their true intentions. This complexity makes it difficult to definitively conclude that someone acted with the specific intent to deceive.
All this said, I am a contrarian who spent 10 years as a Super Moderator of a 20+ year old forum with 100,000+ Members and 1,400,000+ posts who finds that rules which attempt to guide behavior generally fail to achieve their goals, and enforcement becomes untenable to even the most control-obsessed Moderators. Seems to me this is a unrealistic solution in search of an inevitably uncontrollable problem. YMMV