Center for AI and Digital Policy’s Post

New filing to the FTC on OpenAI. Make sure you're considering risks with a lot of the new tech; some legislation and potential change is part of the risk landscape for a while yet.

****AI Warning**** Guardrails Coming, along with audits reviews and penalties. FTC Report Warns About Using Artificial Intelligence to Combat Online Problems Agency Concerned with AI Harms Such As Inaccuracy, Bias, Discrimination, and Commercial Surveillance Creep. The report warns against using AI as a policy solution for these online problems and notes that its adoption could also introduce a range of additional harms. Indeed, the report outlines several problems related to the use of AI tools, including: --Inherent design flaws and inaccuracy --Bias and discrimination --Commercial surveillance incentives The stern warnings about selling and using discriminatory AI technology and overpromising on their capabilities suggest the FTC might be eyeing stricter enforcement. ----- With the explosion of AI and machine learning in the business and clinical space of healthcare, scrutiny, oversight, and standardization will be Parmount in maintaining integrity and safety. ---- Brennan Manna Diamond Mysty Blagg Rebecca E. Gwilt Douglas Flora, MD, LSSBB, FACCC AstraZeneca Cardinal Health Community Oncology Alliance American Hospital Association Epic Humana Blue Cross NC Wade Emmert Owkin Caption Health https://lnkd.in/eZ-_Un7i

aming the AI Wild West President Biden signed a hefty AI-focused executive order on Monday. (If ChatGPT co-authored… it wasn't given credit.) The White House says the ambitious, first-of-its-kind order tackles safety, equity, privacy, and more and is based on previous commitments from tech companies. It requires companies to run safety tests and share results with the feds and proposes industry standards like watermarking AI-generated content (to prevent a deepfake of TSwift dumping TKelce from breaking the internet). It also tasks the Department of Labor with finding ways to minimize AI's impact on jobs and directs the Department of Justice to investigate cases of algorithm bias. But are the robots required to comply? Biden says the order has the force of law, adding that he's committed to working with Congress to pursue further legislation. __ Verse to consider when you find yourself chatting with ChatGPT more than your co-workers… "A generous person will prosper; whoever refreshes others will be refreshed."  Proverbs 11:25 https://lnkd.in/gGaHBPvs

There is no AI exemption from the laws on the books - reiterates Federal Trade Commission FTC in blog post re: the consumer facing applications discussions in the FTC Tech Summit on AI. Key points: 🔹 Quietly changing terms of service agreements could be unfair or deceptive: Any firm that reneges on its user privacy commitments risks running afoul of the law. It may be unfair or deceptive for a company to adopt more permissive data practices—for example, to start sharing consumers’ data with third parties or using that data for AI training—and to only inform consumers of this change through a surreptitious, retroactive amendment to its terms of service or privacy policy. 🔹 If you promise that you won’t use customer data for secret purposes, such as to train or update their models—be it directly or through workarounds - don't. Doing so may be a violation of the law and the FTC has and will continue to require the unlawfully gotten data to be deleted. 🔹 Claims of privacy and security do not shield anticompetitive conduct. The FTC will closely scrutinize any claims that competition must be impeded to advance privacy or security #dataprivacy #dataprotection #AIFOMO #privacyFOMO https://lnkd.in/eyu-CSTw Full Quote book: https://lnkd.in/er8Uzi88

📢 CAIDP Submits New Filing to FTC, Urges Action in OpenAI Case ❗ ❗ Today (Nov 15, 2023), the Center for AI and Digital Policy urged the Federal Trade Commission to move forward the investigation of OpenAI and issue an order to establish safeguards and guardrails for ChatGPT. In March, CAIDP filed the initial Complaint against OpenAI. In July, CAIDP filed a Supplement, providing new evidence for the FTC to act. Shortly afterward, The New York Times and The Wall Street Journal reported that the FTC had opened the investigation CAIDP requested. In the 37-page Supplement filed today, CAIDP highlights the enforcement actions taken by agencies outside the US, documents new problems with ChatGPT, calls attention to OpenAI’s failure to uphold commitments, quotes leading AI experts on the need to establish guardrails as soon as possible, and cites growing public concern about the use of personal data in AI products. In a letter to Chair Lina Kahn, CAIDP also quoted President Biden's new Executive Order on AI: "The Federal Government will enforce existing consumer protection laws and principles and enact appropriate safeguards against fraud, unintended bias, discrimination, infringements on privacy, and other harms from AI. Such protections are especially important in critical fields like healthcare, financial services, education, housing, law, and transportation, where mistakes by or misuse of AI could harm patients, cost consumers or small businesses, or jeopardize safety or rights." In the original Complaint, CAIDP wrote: "OpenAI, Inc., a California-based corporation, has released a product GPT-4 for the consumer market that is biased, deceptive, and a risk to privacy and public safety. The outputs cannot be proven or replicated. No independent assessment was undertaken prior to deployment. . . . There should be independent oversight and evaluation of commercial AI products offered in the United States. CAIDP urges the FTC to open an investigation into OpenAI, enjoin further commercial releases of GPT-4, and ensure the establishment of necessary guardrails to protect consumers, businesses, and the commercial marketplace." More information about CAIDP's case here: https://lnkd.in/gG7KPkdW Marc Rotenberg Merve Hickok Christabel R. Brianna G. Rodriguez

Do not count out the states on #AIenforcement. New advisory out by the Massachusetts Attorney General's Office outlining specific #consumerprotection considerations when marketing, offering, or using #AI. From past experience, when you see a regulator put out a bulletin/advisory/press release focusing on a particular business practice, it's fairly common to see that office pursue enforcement actions afterwards for practices that conflict with the AG's notice outlining their concerns with practices they're seeing in the marketplace. Some highlights include: 1️⃣ Falsely advertising the quality, value, or usability of AI systems    2️⃣ Supplying an AI system that is defective, unusable, or impractical for the purpose advertised 3️⃣ Misrepresenting the reliability, manner of performance, safety, or condition of an AI system 4️⃣ Offering for sale or use an AI system in breach of warranty, in that the system is not fit for the ordinary purposes for which such systems are used, or that is unfit for the specific purpose for which it is sold where the supplier knows of such purpose 5️⃣ Misrepresenting audio or video content of a person for the purpose of deceiving another to engage in a business transaction or supply personal information as if to a trusted business partner as in the case of deepfakes, voice cloning, or chatbots used to engage in fraud  6️⃣ Failing to comply with Massachusetts statutes, rules, regulations or laws, meant for the protection of the public’s health, safety or welfare 7️⃣ Violating anti-discrimination laws (the advisory warns AI developers, suppliers, and users about using technology that relies on discriminatory inputs and/or produces discriminatory results that would violate the state’s civil rights laws) 8️⃣ Failing to safeguard personal data utilized by AI systems, underscoring the obligation to comply with the state’s data breach notification requirements, (statutory and regulatory requirements -- Note MA has very robust data security regulations). PSA: Can't hurt to confer with your counsel on how your practices stack up to these issues. That's less 💲 than responding to a subpoena. Kelley Drye Advertising Law Kelley Drye & Warren LLP https://lnkd.in/egxfdRZr

For AI and data protection nerds, the report of the work undertaken by the EDPB's ChatGPT taskforce has been published yesterday and includes important considerations for the wider AI development and deployment scene. https://lnkd.in/eaQwfd8c

 “Companies need to step up...Government needs to move faster.” We are committed and determined as a company to develop and deploy AI in a safe and responsible way. We announced a five-point blueprint for Governing #AI which addresses current and emerging issues, brings the public and private sector together, and ensures this powerful tool serves all of society. #MSFTAdvocate https://lnkd.in/g-tPY87A

“Companies need to step up...Government needs to move faster.” We are committed and determined as a company to develop and deploy AI in a safe and responsible way. We announced a five-point blueprint for Governing #AI which addresses current and emerging issues, brings the public and private sector together, and ensures this powerful tool serves all of society. #MSFTAdvocate https://lnkd.in/g-tPY87A