Welcome back to Akin Intelligence: Hot AI Summer Edition!

This month's newsletter reflects the ongoing and increasing global activity around artificial intelligence (AI), including more proposed AI legislation and court actions in the U.S., increased regulatory scrutiny in China, and government and industry activity in the U.K. and European Union (EU). To ensure continued receipt, please subscribe to future issues here if you have not already done so.

Akin Spotlight

Lawmakers, White House and Industry Continue the Push for AI Regulation

On July 21, 2023, the White House announced new, voluntary commitments made by seven leading artificial intelligence (AI) companies—Amazon, Anthropic, Google, Inflection, Meta, Microsoft and OpenAI—to manage the risks of new AI development and use, based on three overarching principles of safety, security and trust.

Link to Article

Federal Action

White House Partners with Industry on AI Commitments; Develops Broader Executive Order

On July 21, 2023, the White House announced new, voluntary commitments made by seven leading AI companies—Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI—to manage the risks of new AI development and use based on three overarching principles: safety, security and trust. The companies' commitments include:

  • Safety: Internal and external security testing of their AI systems, conducted in part by independent experts, as well as information sharing amongst industry and with governments, civil society, and academia on managing AI risks.
  • Security: Investments in cybersecurity and insider threat safeguards, as well as enabling third-party discovery and reporting of vulnerabilities in their AI systems.
  • Trust: (1) developing comprehensive technical mechanisms to notify users of AI-generated content, such as a watermarking system; (2) publicly reporting their AI systems' capabilities and limitations; (3) prioritizing research on the potential societal risks of AI systems; and (4) deploying advanced AI systems to "help address society's greatest challenges."

Concurrently, the White House indicated that the Biden-Harris Administration is developing an executive order (EO) and will pursue bipartisan legislation to help the U.S. lead in AI innovation.

Following the White House announcement, four of the companies—Anthropic, Google, Microsoft, and OpenAI—announced the creation of the Frontier Model Forum, which aims to, among other things, advance AI safety research; formulate best practices for the development and deployment of frontier models; and facilitate information-sharing with lawmakers, industry, academics and civil society.

White House Engages Labor, Civil Rights, and Consumer Protection Groups on AI

Prior to announcing the industry commitments, the White House hosted meetings with labor, civil rights, and consumer protection groups to explore AI-focused issues. On June 30, 2023, White House senior officials met with labor leaders to discuss AI's impact on workers and jobs. Labor groups represented included the American Federation of Teachers, Communications Workers of America, the Technology Institute of the American Federation of Labor (AFL) and the Congress of Industrial Organizations (CIO), among others. The discussion noted that despite AI's promising future, union involvement in relevant discussions is critical to raise awareness of the risks across job sectors. Union representatives in attendance described the use of AI to track the pace and quality of workers, which has led to declines in mental health. In addition, union leaders expressed concern regarding the threat of AI to intellectual property rights such as creator ownership of works and likenesses.

On July 12, 2023, Vice President Harris subsequently met with consumer protection, labor, and civil rights leaders to discuss the impact of AI and the role of the White House in protecting Americans from AI harms. Groups in attendance—including the Center for Democracy and Technology (CDT), UnidosUS, and AFL-CIO—raised awareness of negative AI impacts in the workplace, including anecdotes of AI discrimination in job interviews, workplace allocation and tracking. Attendees communicated the need for stronger cooperation between government, private sector and civil society to address AI harms on the workforce.

Federal Communications Commission (FCC) and National Science Foundation (NSF) Co-Host AI Workshop

On July 13, 2023, the FCC and the NSF co-hosted a workshop on "The Opportunities and Challenges of Artificial Intelligence for Communications Networks and Consumers." The workshop focused on AI in spectrum management, network resiliency, and consumer issues such as robocalls, digital equity and broadband access. The workshop featured opening remarks by FCC Chairwoman Jessica Rosenworcel, Commissioner Nathan Simington and NSF Director Dr. Sethuraman Panchanathan. Dr. Margaret Martonosi—the Assistant Director for Computer and Information Science and Engineering (CISE) at NSF—gave a keynote speech on the future opportunities AI offers and NSF's efforts in advancing AI. The speech was followed by two panels: "AI's Dramatic Impact on Communications Networks and Technologies" and "AI as a Tool and Challenge for Consumer Empowerment."

Federal Trade Commission (FTC) Opens Investigation of OpenAI

On July 13, 2023, the Federal Trade Commission (FTC) issued a Civil Investigative Demand (CID) to OpenAI, according to The Washington Post. The CID indicates that the FTC will investigate OpenAI to determine whether the company, in connection with its products and services relating to Large Language Models such as ChatGPT, "engaged in unfair or deceptive privacy or data security practices...or deceptive practices relating to risks of harm to consumers, including reputational harm." The CID requests responses to inquiries regarding the company's background, disclosures and representations, model development and training, assessment of risks and the monitoring, use and retention of personal information. OpenAI CEO Sam Altman tweeted that the leak of the CID was "disappointing" and "does not help build trust," but that OpenAI would cooperate with the FTC, further noting that "we are confident we follow the law."

National Institute of Standards and Technology (NIST) Launches New AI Working Group

On June 22, 2023, U.S. Secretary of Commerce Gina Raimondo announced the Public Working Group on Generative AI, a new NIST working group. The group will focus on the benefits and risks of AI-generated content, specifically regarding "code, text, images, videos and music." The group will create guidance "to help organizations address the special risks associated with generative AI technologies." The working group will first gather information regarding how to use the NIST AI Risk Management Framework to assist the development of generative AI technologies. It is then expected that the group will support NIST on the testing, evaluation and measurement of generative AI. In the long-term, the working group will incorporate generative AI technologies in solving public policy issues in the health, environment, and climate spaces.

Department of Housing and Urban Development (HUD) Publishes Request for Information (RFI)

On July 13, 2023, HUD published a Request for Information (RFI) to receive input on how to make programs more effective. Specifically, the agency requested feedback on "which application and eligibility forms could be simplified; how to reduce burdens for people with disabilities, people with limited English proficiency, and other vulnerable groups; what data and information should be responsibly shared among federal agencies or with the public; and how artificial intelligence or machine learning could improve or streamline processes required by HUD." Comments will be accepted through August 12, 2023.

Click here to continue reading . . .

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.