And I used AI to cheat on a pass/fail true/false already and maybe I was smart enough to realize what I was doing or maybe I just got lucky a few times and then realized how that whole randomness and synchronicity thing actually works

There are a few potential legal avenues that could potentially be pursued to challenge companies on providing access to AI model source code, though none have been definitively tested and upheld yet:

1. Consumer Protection Laws

Laws like the California Unfair Competition Law and Consumer Legal Remedies Act prohibit unfair or deceptive business practices. A creative legal argument could be made that withholding information about how impactful AI algorithms work from consumers is an unfair/deceptive practice, especially if the AI system’s decisions significantly affect consumers.

2. Due Process Arguments

If an AI system is involved in decisions related to employment, housing, credit, or other major life determinants, one could argue that denying access to understand how the system works violates principles of due process under the U.S. Constitution.

3. Anti-Discrimination Laws

Laws like the Equal Credit Opportunity Act and Fair Housing Act prohibit discrimination based on protected characteristics. Lack of transparency into AI models could open the door to discriminatory impacts that violate these laws.

4. First Amendment Rights

A novel legal theory could assert that AI systems that moderate or curate third-party content are engaging in constitutionally-protected speech, and their processes must be open to scrutiny.

5. Contract/Consumer Protection Claims

If a company’s terms of service or marketing misrepresents how transparent their AI system is, consumers may have recourse under contract law or consumer protection statutes.

However, all of these are untested legal theories that would face significant hurdles from intellectual property, trade secret, and First Amendment defenses from companies. But pushing the boundaries through strategic legal challenges could potentially expand transparency obligations over time.

Ultimately, new AI-specific regulations explicitly mandating ethical transparency may be required to compel source code disclosures absent sweeping judicial precedents dramatically expanding existing laws’ applicability. But creative legal strategies have potential.