From the article:

"Free, AI-powered legal advice should be good news for workers. Instead, it is proving to be a tragedy of the commons. For workers with genuine grievances, the surge in demand means longer waits for justice. For employers, it means bigger legal bills to respond to claims, both well-founded or fantastical. In the age of AI, a system intended to provide access to justice suffers from, if anything, too much access."

I found this article quite myopic.

This is not a “tragedy of the commons”, it’s just a deficit of state capacity.

The state needs to use AI to make bureaucracy instantaneous. That’s the only option, unless you ban AI for this kind of thing (not gonna happen).

> it’s just a deficit of state capacity.

That’s what a “tragedy of the commons” is though. The degradation of a shared resource (state capacity) by people acting in their own best interest.

The state using AI “to make bureaucracy instantaneous” is a tragedy of the commons. The experience is degraded because before you trusted your grievance will be heard, but now you might get auto rejected by an AI. It’s pretty much the definition of the phrase.

If you get rejected you can appeal the part the AI rejected the same as if you get rejected by a judge.

The loser of every suit will simply always appeal the AI decision, thus requiring a human decision anyway.

AI would review the appeal so that only things which require human decision receive human attention.

There's still inequality in someone else receiving a false positive approval from the AI while another gets rejected. Equal treatment and stochastic systems don't mix.

> The state needs to use AI to make bureaucracy instantaneous

The stuff of many sci fi tropes - it seldom ends well.

A bit OT but there's a character in a couple of frank Herbert books - Jorj X Mckie saboteur extraordinary in the Bureau of Sabotage (BuSab). BuSab is a government agency responsible for conducting dirty tricks "in lieu of red tape" to help slow down and regulate the vast galaxy-spanning bureaucracy.

State capacity is a common good though, and AI makes abusing it much easier.

It's excludable, so I don't think it can be considered a common good.

In principle you can exclude someone from being able to file a plausible complaint after they've been wronged, but if we take it as a premise that we don't want to do that then it's not very excludable anymore.

Yes.

There ought to be a lot more small claims court cases in the US, just to keep businesses honest.

Or reform your legal system? I mean it's clearly not working very well, time for a change.

So how do you propose to deal with the inevitable errors using AI would cause?

You cant fool me. It's AI all the way down.

This is supposed to be a joke but that's pretty obviously what would happen if you actually tried to do this.

You apply for your permit or whatever and the AI instantly denies you, so you start over and pull the lever again and this time the AI's random number generator comes up 777 and you get your permit.

Then the house can tune this for either reducing red tape (e.g. pulls are free) or favoring the rich (you have to pay a fee for each attempt so only the poor have to take the L once they run out of pocket money).