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Prior art and evidence

Created

What already exists, where it stops, and the evidence against our position.


What exists​

AreaWhat existsWhat is missing
Survey methodsOne method per question, such as best-worst scaling and card sortingBuilt for surveys, not for work
Task theoryMcGrath's task types and Foley's task taxonomy, read through secondary sourcesNot built for AI, and not tied to interfaces
Choice architectureTools for structuring and describing choicesConsumer and policy settings
Human-AI researchLevels of automation, 18 guidelines, Shi et al., a survey of 154 papers whose control methods include option selectionThey type the automation, the flow or the controls, not the choice
AI UX patternsShape of AISorts patterns, with no rule for which one fits
Agent protocolsMCP elicitation, AG-UI interrupts, A2UI, ACPThey carry the message, not the kind of choice
LawDSA Article 25, AI Act Article 14, GDPR consentThey say what is forbidden or required, not what is good
RecordsC2PA, CAWG identity, ISO/IEC TS 27560 for consentNamed actors and consent are recorded. C2PA 2.2's listed actions show none for choosing or approving. Version 2.4 is unchecked

AP2 separates advance intent from final approval, in signed records. We read that through a secondary source.

Evidence against our position​

  1. Choosing alone may not count in law. See the table above.
  2. Approval prompts can lose attention. Anthropic reports 93% acceptance of permission prompts and says attention fades. Many of those approvals may also be correct.
  3. People may fail at oversight. Green argues that people cannot perform the oversight functions that policies want, and he proposes oversight by institutions.
  4. More options is not always better. The evidence is mixed. Parallel prototypes helped human designers, in a small study. Other work found that small panels of AI answers helped.
  5. People may dislike what works. In one study, the designs that reduced overreliance were rated least favorably.

What the law says about each type​

This wiki separates being proud of a work from owning it in law. The US Copyright Office report, gives this map. It is the Office's view, not a court's, and a Chinese court has gone the other way.

TypeThe Office's view
SteerWeak. Page 20 calls revising prompts "re-rolling" the dice
Pick oneWeak. Page 21 says selecting an output is not authorship
Mark up by commentWeak, by the same reasoning
EditStronger, case by case (page 27)
Combine and ArrangeStronger at scale. Choosing two or three elements generally fails (pages 24-25)

So the Shape family matters most for law. Our thesis is about pride and meaning, and that is a wider claim than copyright.

A rule on pre-selection​

NN/g, GOV.UK and EU law seem to conflict. They answer three different questions: how a radio button works, whether people miss a question, and what counts as consent.

Our rule: pre-select only what is reversible. Never pre-select a removal unless the item can be recovered. Never pre-select consent.

Where this leads​

We found no standard for this, so the wiki could propose one in three parts:

  1. A vocabulary: these choice types, open for any product or agent protocol to use.
  2. A bar: the test for a real choice, and the six parts of a moment.
  3. A record: an open format saying which choices a person made in a work. Existing records name actors and consent, and we found none that records this. It could support the claim that a work is truly co-made.