Cheap AI-Assisted Reverse Engineering and What It Will Do
A legal analysis arguing cheap AI-assisted reverse engineering breaks the assumptions behind IP and technology law.
Abstract
Generative AI is putting the law of reverse engineering (RE) under severe strain. Existing IP and technology laws assume that RE is expensive and time-consuming, and that it requires specialized expertise. They generally allow it, but they rely on its difficulty as a filter to separate (permissible) RE from (impermissible) copying and theft. Generative AI is changing this equation by making \RE much faster, cheaper, and easier. AI systems can identify hardware components, extract firmware, decompile object code, and clone entire apps. The resulting struggle between technology vendors and reverse engineers will challenge a wide range of laws, including trade secret, copyright, anti-circumvention, computer misuse, and contract. In this article, we describe the ways in which AI is changing \RE, map these new practices onto existing laws, and sketch ways that the legal system could respond and their associated trade-offs.