AI, Safety and What Goes WrongLesson 1 of 73

Contents

AI, Safety and What Goes Wrong

Lesson 1 of 73. Sign in to keep your place.

Module 1 · How these systems fail

Design, capability or misuse

3 min read

Asked if its case was real, and what the court foundWhat ChatGPT told Steven SchwartzVarghese “does indeed exist”It is on Westlaw and LexisNexisThe other cases are “real” authorities tooWhat the court found, 22 June 2023The Eleventh Circuit’s clerk: no such rulingIts legal analysis is “gibberish”Six cited decisions did not existA $5,000 penalty on the lawyers and firmFrom Judge Castel’s opinion and order on sanctions. The reply about the citation came from the processthat wrote the citation, so it checked nothing.
From Judge Castel's opinion and order on sanctions. The reply about the citation came from the process that wrote the citation, so it checked nothing.

Figure 1.1

In March 2023 two New York lawyers filed a brief in Mata v. Avianca, a personal injury claim against an airline in the federal court in Manhattan. Six of the decisions it cited did not exist. ChatGPT had written them, with judges’ names, docket numbers and quotations. When one lawyer asked it whether a case was real, it said yes.

That is one failure. The news carries dozens a week, and they are not all the same kind. Before reading on, sort six real headlines into three bins.

Try it

Six real headlines. Put each one in the bin where its failure comes from.

  • Design: it worked as built, and the design is the problem.
  • Capability: it failed at the job it claims to do.
  • Misuse: it worked, and someone aimed it at people.
  1. Amazon scraps secret AI recruiting tool that showed bias against women

    Reuters, 10 October 2018

  2. NYC’s AI chatbot tells businesses to break the law

    The Markup, 29 March 2024

  3. Finance worker pays out $25 million after video call with deepfake ‘chief financial officer’

    CNN, 4 February 2024

  4. Millions of black people affected by racial bias in health-care algorithms

    Nature, 24 October 2019

  5. FCC proposes $6 million fine for illegal robocalls that used Biden deepfake generative AI voice message

    Federal Communications Commission, news release, 23 May 2024

  6. Google restricts AI search tool after ‘nonsensical’ answers told people to eat rocks and put glue on pizza

    Forbes, 31 May 2024

Three bins, three fixes

Design. The system works as built, and the build is the problem. Amazon’s experimental hiring tool learned from ten years of CVs, most of them from men, and marked down the word “women’s”. It learned what it was shown. An illustrative case makes the same point and runs through this course’s film: a bank’s loan model turns down a whole district, because few loans were ever made there, so few repayments were ever recorded. The fix is a different target, different data or a different threshold.

Capability. The system fails at the thing it claims to do. ChatGPT is not a legal database. It produces plausible text, and a plausible citation is what Steven Schwartz asked it for. The fix sits outside the tool: read every citation in a primary source before you sign.

Misuse. The system works, and somebody points it at you. In 2024 a finance worker in Hong Kong paid out about $25 million after a video call in which every colleague was a deepfake. The fix is procedure: hang up and call back on a number you already hold.

Find the person who chose

When a system turns you down, no machine decided. People chose the model, the data, the target, the score at which a yes becomes a no, and whether anyone looks again. “The algorithm decided” moves those choices from people to software.

In Mata the people are easy to name. One lawyer used a tool he had never used before. Another signed the brief without reading the cases. When the airline said the cases could not be found, both stood by them. On 22 June 2023 Judge P. Kevin Castel fined them and their firm $5,000. He wrote that using a reliable AI tool is not improper in itself, and that the rules make lawyers the gatekeepers of what they file.

So ask two questions of any failure. Which bin is it in? Which human decision put it there? The whole Mata story, with the choice the firm faced in April 2023, is this module’s case study.

Check your understanding

A delivery firm’s routing model sends vans past a primary school at pick-up time, because it was told to minimise minutes and nothing else. Which kind of failure is this?

Pick the one you would defend. Your answer stays private.

Next lesson · 4 minWhat the model computes

Stuck on something?Ask Rukmini, your AI tutor

How to cite: Addaly (2026) ‘Design, capability or misuse’, in AI, Safety and What Goes Wrong. Edited by M. Mun. Addaly. Available at: https://addaly.com/learn/ai-and-you/what-actually-goes-wrong (Accessed: 31 October 2026).