Using Open Source Licensing to Regulate the Assembly of LAWS: A Preliminary Analysis

Abstract

Lethal autonomous weapons (LAWS) are an emerging technology capable of automatically targeting and exercising lethal force. Many scholars and advocates have petitioned to ban the technology internationally for a myriad of reasons. However, there are practical challenges to implementing a ban. One such challenge is posed by the “intangible” nature of the software that LAWS depends on, which is incompatible with implementation mechanisms such as export control. Given the dual-use nature of software, and the fact that software is developed by teams of individuals, a number of soft governance mechanisms have been proposed to regulate this technology. In this paper, we investigate the feasibility of one particular approach: leveraging open source licenses as a means to prohibit the use of certain software in LAWS. This approach is largely motivated by the fact that open source software underpins all of technology, especially AI. Through a review of the recent tech activism and open source activism, we evaluate whether open source licenses can feasibly limit the use of open source software to only non-LAWS applications. We distill the current challenges facing “ethics-driven” open source licensing efforts into three main obstacles: the need for clarity of licensing language, the lack of enforceability of licenses, and the lack of cohesiveness of the open source community. We propose that addressing these factors are also success criteria for future anti-LAWS open source initiatives. We find that open source licenses provide more theoretical than practical promise in regulating LAWS, and conclude that cohesion in the open source community is the key to their potential practical success in the future.