In fact these future machines will be even more humanlike than humans today. If that seems like a paradoxical
statement, consider that much of human thought today is petty and derivative. We marvel at Einstein's ability to
conjure up the theory of general relativity from a thought experiment or Beethoven's ability to imagine symphonies
that he could never hear. But these instances of human thought at its best are rare and fleeting; (Fortunately we have a
record of these fleeting moments, reflecting a key capability that has separated humans from other animals.) Our future
primarily nonbiological selves will be vastly more intelligent and so will exhibit these finer qualities of human thought
to a far greater degree.
So how will we come to terms with the consciousness that will be claimed by nonbiological intelligence? From a
practical perspective such claims will be accepted. For one thing, "they" will be us, so there won't be any clear
distinctions between biological and nonbiological intelligence. Furthermore, these nonbiological entities will be
extremely intelligent, so they'll be able to convince other humans (biological, nonbiological, or somewhere in
between) that they are conscious. They'll have all the delicate emotional cues that convince us today that humans are
conscious. They will be able to make other humans laugh and cry. And they'll get mad if others don't accept their
claims. But this is fundamentally a political and psychological prediction, not a philosophical argument.
I do take issue with those who maintain that subjective experience either doesn't exist or is an inessential quality
that can safely be ignored. The issue of who or what is conscious and the nature of the subjective experiences of others
are fundamental to our concepts of ethics, morality, and law. Our legal system is based largely on the concept of
consciousness, with particularly serious attention paid to actions that cause suffering—an especially acute form of
conscious experience—to a (conscious) human or that end the conscious experience of a human (for example,
murder).
Human ambivalence regarding the ability of animals to suffer is reflected in legislation as well. We have laws
against animal cruelty, with greater emphasis given to more intelligent animals, such as primates (although we appear
to have a blind spot with regard to the massive animal suffering involved in factory farming, but that's the subject of
another treatise).
My point is that we cannot safely dismiss the question of consciousness as merely a polite philosophical concern.
It is at the core of society's legal and moral foundation. The debate will change when a machine—nonbiological
intelligence—can persuasively argue on its own that it/he/she has feelings that need to be respected. Once it can do so
with a sense of humor—which is particularly important for convincing others of one's humanness—it is likely that the
debate will be won.
I expect that actual change in our legal system will come initially from litigation rather than legislation, as
litigation often precipitates such transformations. In a precursor of what is to come, attorney Martine Rothblatt, a
partner in Mahon, Patusky, Rothblatt & Fisher, filed a mock motion on September 16, 2003, to prevent a corporation
from disconnecting a conscious computer. The motion was argued in a mock trial in the biocyberethics session at the
International Bar Association conference.
10
We can measure certain correlates of subjective experience (for example, certain patterns of objectively
measurable neurological activity with objectively verifiable reports of certain subjective experiences, such as hearing a
sound). But we cannot penetrate to the core of subjective experience through objective measurement. As I mentioned
in chapter 1, we are dealing with the difference between third-person "objective" experience, which is the basis of
science, and first-person "subjective" experience, which is a synonym for consciousness.
Consider that we are unable to truly experience the subjective experiences of others. The experience-beaming
technology of 2029 will enable the brain of one person to experience only the
sensory
experiences (and potentially
some of the neurological correlates of emotions and other aspects of experience) of another person. But that will still
not convey the same
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