Between Power and Resistance: Viewing the Ethics of AI through the Application of Foucault's Ethical Naturalism to the Power Dynamics Embedded in the Debate over Intimate Human/Chatbot Relationships

Abstract: Amid rising worry around human and AI alignment and citing concerns for data privacy and content inappropriate for children and the “emotionally vulnerable”, the Italian government recently imposed a complete ban against the Replika chatbot within Italy. Following the issuance of the ban and citing similar concerns over safety, the designer/owner of the technology, Luka, Inc. (Luka), implemented content filters that remove the ability for users to engage in intimate interactions of a sexual nature with the algorithm, which the users refer to as erotic role play (ERP). The users responded with outrage and pleas for the return of the intimacy component, a demand to which Luka partially conceded. This thesis applies a critical discourse analysis and theoretical concepts from Foucault to examine the contrasting approaches to AI ethics represented in the discourses of the Italian government, Luka, and the Replika users related to this recent controversy. From a socio-legal perspective on law and communication and with the application of Foucault’s ethical naturalism to the discourse of the Replika users, this study reveals a narrative indicating that the technology can foster an emphasis on care and understanding that carries a potential for beneficial self and social coordination. This discourse is also in stark contrast with the dominant discourses found in the Italy Order and Luka’s response which emphasize mastery and control and reproduce a top-down, juridical, and expert-focused orientation to what constitutes ethical AI.