FREE NEWSLETTER

The Ultimate Tail Risk

Go to main Forum page »

AUTHOR: Mark Gardner on 9/13/2026

As retirees, we spend a lot of time thinking about risks that may never happen. We diversify our investments, buy insurance and keep emergency reserves. We don’t need to know that something bad will happen before protecting ourselves against it.

I’ve been wondering whether we should think about AI the same way?

Some of the people building the world’s most powerful AI systems are loudly warning about the risks, even as their companies spend billions racing to make them more capable. I don’t blame them—if one company slows down, another may get ahead. But that’s also why I’m uncomfortable leaving the safeguards entirely to them.

So, indulging my fondness for Isaac Asimov, here’s my admittedly grand proposal: a 28th Amendment!

I’d establish three principles while we humans are still unquestionably in charge. 1) A machine isn’t a person and has no constitutional rights. 2) An AI can’t have the final say over taking a human life, starting a war or sending someone to prison. 3) And humans must always retain the ability to override or shut down an AI.

Congress could handle the details. Borrowing again from Asimov, I’d require advanced AI to have an independent safety filter it can’t disable. I’d keep it from having unmonitored access to banks, power grids, weapons and other critical systems. And I’d require an off switch if it’s hacked, corrupted or starts operating outside its boundaries.

I don’t know whether the worst predictions about AI will come true. I hope they don’t. But that seems beside the point. We don’t diversify because we know which investment will fail. We do it because we don’t know. Perhaps AI deserves the same humility.

Subscribe
Notify of
3 Comments
Newest
Oldest Most Voted
Mark Crothers
22 minutes ago

Mark, I think you may be focused on the wrong threats. In my view, the most immediate danger is that AI could lower the technical barriers for small radical groups to develop highly transmissible biological agents. That is a dangerous Pandora’s box—one that could plausibly lead to an extinction-level event.

Jeff Bond
1 hour ago

Mark – You’ve adapted the Three Laws of Robotics! I like it.

I’m as much concerned about how the Large Language Models are being trained on stolen literature (books, magazines, periodicals, etc.), as well as unmoderated/edited/proofed content such as X, Instagram, and Substack. The day is coming when an AI response will be based on a ridiculous Substack post such as 1 + 1 = 1 or worse.

Andrew Forsythe
3 hours ago

Well put, Mark. It’s crucial for the AI industry and Congress to work together to formulate a plan, and enact legislation and regulations to implement it. And they need to start right now.

But the danger exists beyond our borders. If China is not part of the response, we’re still in trouble. Xi Jinping will be here in a couple of weeks to meet with Trump. Let’s hope this topic is at the top of their agenda.

We can’t say we haven’t been warned; and we can’t afford to be too late on this one.

Free Newsletter

SHARE