5.2. Structural Relocation
To better understand the relationship between a hypothetical AI-based organization, defined and sustained by a particular AI operational system, and that same AI operational system itself, we will present a revealing case of structural relocation and renaming. Imagine the case where administrators of an AI-based organization SearleAI & Partners, due to some particular reason, decide to migrate the organizational structure (i.e., the de facto organization) to another operational domain. Although almost the entire computational and managerial infrastructure of the collective was transformed, due to the persistence of the organization’s public identity, a legal settlement was signed to keep the name and historical continuity of the original operational system SearleAI (although it was ‘deactivated’ until a new organization was formed). Eventually, because the original AI operational system was no longer being used, and it was a very expensive and powerful system, a new collective was formed in order to maintain it. This collective was treated as a new organization. When analyzing this case, we might assume that the default I-relation likely tracks the AI operational system, in the sense that organization A persists to become organization B if and only if A and B are based on the same operational system (SearleAI). But in this case, the persistence of the organization comes apart from the system (the AI operational system ‘changes’, but the organization remains). At this point, we may simply conclude that ‘AI-based organizations are not their systems’. Indeed, this statement might seem trivial at first glance. However, the very triviality of this observation indicates that the case in question does not constitute a genuine obstacle to the claim that AI-based organizations and the AI operational systems affiliated with them can still be regarded as the same entity, since no real paradox would have emerged even if the I-relation had ‘tracked’ with the system. Therefore, to highlight the problematic nature of the claim about the inseparability of AI-based organizations and their systems, it seems necessary to turn to another case. For that reason, we will now point out the paradoxical nature of such a claim. This is a case involving two successor AI collectives, involving the problem of tracking the I-relation associated with these collectives and their respective AI operational systems. Imagine that the first organization was founded as an AI consortium at one point in time and was later restructured and renamed under a new legal entity. A decade later, the newly renamed collective allowed a new organization, formed in partnership with another institution, to take over its original name and even appropriate the historical record of the first consortium. So, unlike the previous case, it appears that we have two different collectives that could have continuity with the original consortium. If we muse upon this case, we can distinguish three distinct positions regarding the identity continuity of today’s organizations in relation to the original one.
Neither of the current organizations are the original consortium since the consortium has ceased to exist.
The new legal entity is the original consortium.
The reestablished organization under the original name is the original consortium.
System continuity favors the third description because S1 is now used by the reestablished group. Legal continuity favors the second description because the successor retains obligations. Name continuity also favors the third description. The conflict is the point of the case. No single factor determines identity.
5.3. I-Relation and Nonbranching
It appears that (1) tells us that this case constitutes a type of fission or branching. Lewis [
19] uses the I-relation to describe continuity among stages. For the purpose of showing that (1) does not hold, we will introduce our own constraint, which borrows its basic principles from the already-established psychological nonbranching clause introduced by Derek Parfit [
20]. This constraint will also be considered as a necessary condition that an AI-collective must meet in order for its identity to persist. However, to adequately elaborate our viewpoint, we first need to understand what branching (in terms of identity) generally means. Branching, according to the so-called psychological approach, is the case in which “one person ceases to exist and two new people come into existence” [
21]. So, the nonbranching psychological clause specifies that a person must not branch in order to retain her identity, or alternatively, “that the fact about personal identity consists in the holding of a psychological relation that does not take a branching form” [
22]. But when we talk about the analysis of AI organizations, as well as any other non-personal entities, psychological clause has no relevance because there is no psychological continuity (nor survival in the literal sense) in the first place. With this in mind, the conclusion that emerges is that I-relation, as well as the transitivity implied by it, is important when analyzing the continuity of at least those entities that are not considered persons. Following this, we could articulate our nonbranching condition for the persistence of metaphysical objects, which serves as a constraint. So, the criteria for an AI organization to retain its identity would, expectedly, be that it does not branch into two new organizations that come into existence after the branching. With all of the above in mind, if we consider the continuity of these two organizations, we will see that there is no point in time in which they truly coincided in any way; therefore, we can conclude that no branching had occurred. This, in turn, implies that (1) does not hold.
The nonbranching condition has a similarly limited role. Discussions of personal identity use nonbranching to prevent two later persons from being identical with one earlier person [
20,
21,
22]. Organizations do not possess psychological continuity in the relevant sense. The present argument therefore does not treat Parfit’s account as a ready theory of organizational identity. Nonbranching can still operate as a negative consistency constraint because numerical identity remains transitive. It rules out treating two simultaneous successors as numerically identical with one predecessor. The condition tells us which combination of claims is impossible. It does not tell us which institution has the stronger claim to succession. Sports franchise cases illustrate the value and the limit of this constraint. The Cleveland Browns case separates team continuity from the movement of a franchise [
23], and the Charlotte Hornets case involves later reassignment of a name and historical record [
24]. These cases show that legal rights and public history can diverge. They do not prove that organizations share the identity conditions of sports teams.
As for (2), the situation is somewhat different. Even for those who find it obvious that (2) cannot be the case, there is still one large factor to consider, and that is the fact that the successor organization actually did claim the original consortium’s history prior to the renaming. The successor does not claim that history now, but the fact that it once did is quite enough for the problem to be raised. It seems that there is a clear I-relation between the pre-renaming consortium and the immediate successor entity. But the fact that the entire public, as well as both the new and old organizations, act as if they accept that today’s consortium is I-related to the original collective raises a problem for (2). To understand the depth of what we are discussing, let us consider the following. Conventionally and legally, the head of the reestablished organization has been considered its director since t1. Following the implications of the acceptance of position (2), while taking into account the overwhelmingly accepted fact that this person has led the reestablished organization since t1, it could be claimed that they were the director of the successor entity back in t1. But it appears that something is not quite right here. In other words, even though the director was the head of the same AI operational system the whole time, that system, in reality, has nothing to do with the successor entity and has previously been affiliated with a completely different collective. On the other hand, the system affiliated with the successor was also affiliated with the original consortium; that is, the system and the consortium were affiliated with each other up until their legal separation, when that bond was denounced and their system stopped being affiliated with the organization. It was not until then that the reestablished organization ‘came along’ and became affiliated with the original name. With this in mind, we seem to have solid ground to reject (2), unless someone thinks that the members of the successor organization actually belong to the reestablished one or, to formulate it even more peculiarly, that the reestablished organization is not itself (the successor is the original, and the reestablished is some other). We obviously cannot accept this farfetched notion. So, to summarize the analysis of the first two positions, it appears that by accepting (1), we have the unnecessary denial of identity continuity between the original consortium and today’s reestablished organization, for which there is an unproblematic consensus. By accepting (2), we would also go against the consensus, as well as against the will of the successor entity itself.
When it comes to the only remaining option, position (3), the problem, as might be expected, seems to be that today’s successor organization was once considered to be the original consortium, which, it appears, was undoubtedly I-related to the original. This is where the thesis of the separation of systems and organizations really comes into play. There is no doubt that what is considered today’s successor system was, strictly speaking, once associated with the original consortium, in the sense that the system was affiliated with it at other times (the consortium was once affiliated with the same system that the successor is affiliated with today), but the fact of the matter is that it is not affiliated with it any longer. How is such an ‘affiliation break’ possible? If we remember the earlier case, we realize that the persistence of that organization was not related to the system it was affiliated with prior to the migration. In other words, I-relation does not necessarily follow the system (although that does appear to be a common case). Therefore, there has been an instance of a ‘shift to a different I-relation’ in that earlier case, but, more importantly, this also occurred when the consortium severed ties with one system and established an affiliation with another. So, if every constituent of an AI collective is flexible, as we assumed at the beginning, and this also applies to separate abstract entities such as systems, it should be possible for shifting to occur in this case as well. One additional thing in our favor is that there is no reason for us to think that the shifting is not in accordance with the nonbranching constraint. In fact, the shifting phenomenon is only possible if the two organizations (or any other objects) never coincided, otherwise that would, following the nonbranching constraint, be considered a case of I-relation violation. The shifting requires that there is no instance of branching, as there indeed is not in (3). For this reason, we believe that (3) is also in line with the nonbranching constraint. So, taking all of this into account, we can conclude that the identity shifting of the organization from one system to another explains the motivation behind accepting (3) quite satisfactorily. Since (3) is the only plausible option, and this option is, as we have seen, only viable if AI-based organizations and their AI operational systems are treated as separate entities, we have offered an argument in favor of the thesis that calls for the separation of AI-based organizations and their AI operational systems. This brings us to the conclusion that if we do not assume the separation of AI-based organizations and their systems, collectives such as those discussed above could not be considered the same entities as they were before their respective transformations, so we can draw the inference that such a separation is philosophically, and possibly legally, necessary. Systems could, therefore, be treated ‘only’ as operation-like entities that provide infrastructure to AI-based organizations (and usually treat them as instruments of operational optimization), and as such, they do not represent an essential part of the organization; rather, they can be seen only as its contingent extension.
This result supports the separation thesis. An organization can move from S1 to S2 while preserving an institutionally recognized I relation [
24]. A system can also move to a different organization. The relation between an organization and an AI system is therefore an affiliation that may change. It is not identity.