GOOD AFTERNOON. THAT WAS LOUD.
UM GOOD AFTERNOON, AND WELCOME
TO THE COMMITTEE ON PRIVACY AND
CONSUMER PROTECTIONS.
INFORMATIONAL HEARING ON
ARTIFICIAL INTELLIGENCE. UM. SO
WE WILL LET ME START BY THANKING
ALL OF OUR PANELISTS FOR
ATTENDING AND PARTICIPATING IN
OUR HEARING TODAY. UM WE REALLY
APPRECIATE THE EXPERTISE YOU'RE
GONNA BRING TO THE CONVERSATION
THAT WE'RE GONNA HAVE ABOUT
ARTIFICIAL INTELLIGENCE, WHICH
IS OBVIOUSLY A HOT TOPIC IN THIS
LEGISLATURE AND OTHERS. I WANNA
THANK, UM, THE STAFF OF THE
COMMITTEE, UH, FOR ORGANIZING
THE HEARING, AS WELL AS THE
RULES COMMITTEE, THE SERGEANTS
AS ALWAYS, AND THE CAPITAL
SUPPORT OFFICES WHO MAKE ALL OF
THIS POSSIBLE. UM BEFORE MOVING
ON AT THE CONCLUSION OF EACH
PANEL WILL OPEN DISCUSSION TO
MEMBERS WITH QUESTIONS. SO WE'RE
GONNA HAVE, UM THE FIRST PANEL
ONLY IS ONE PERSON BUT FOR THE
SUBSEQUENT PANELS. WE'LL HAVE
BOTH, UM INDIVIDUALS TESTIFY AND
THEN TAKE QUESTIONS, BUT WE'LL
ALSO HAVE MEMBER COMMENTS AFTER
I SPEAK AND BEFORE OUR FIRST
PANEL AND WE WILL BE SETTING
ASIDE PUBLIC COMMENT TIME AT THE
END FOR THOSE THAT WANT TO ADD
IN THEIR PUBLIC COMMENT TO THE
CONVERSATION. THE PURPOSE OF THE
HEARING IS TO LEARN ABOUT
ARTIFICIAL INTELLIGENCE. WE WILL
NOT BE DISCUSSING ANY SPECIFIC
BILLS. OBVIOUSLY THERE ARE BILLS
THAT HAVE ALREADY BEEN REFERRED
TO THE COMMITTEE AND MORE TO
COME. BUT TODAY WE WANNA TALK
ABOUT ARTIFICIAL INTELLIGENCE
WHAT IT IS HOW TO DEFINE IT AND
REALLY FRAME THE CONVERSATION
THAT IS BEFORE THE LEGISLATURE.
THE RISE OF A I IS CREATING
EXCITING OPPORTUNITIES TO GROW
CALIFORNIA'S ECONOMY AND IMPROVE
THE LIVES OF CALIFORNIANS.
HOWEVER THIS TYPE OF RAPID
TECHNOLOGICAL ADVANCEMENT LIKE
ANY COMES WITH RISKS. A I HAS
THE POTENTIAL TO LIFT UP
DISADVANTAGED COMMUNITIES BY
AUTOMATING PAINSTAKING TASKS.
TASKS THAT ARE OFTEN DANGEROUS
AND DEMOCRATIZING ACCESS TO
INFORMATION. RIGHT NOW. A I IS
DRIVING CARS IN SAN FRANCISCO,
FIGHTING FIRES IN THE CENTRAL
VALLEY AND QUICKLY CHANGING
HOLLYWOOD. 30 YEARS AGO, THE
INVENTION OF THE INTERNET
BROUGHT VAST ECONOMIC GROWTH TO
CALIFORNIA A I IS POISED TO DO
THE SAME, BUT WE HAVE TO LEARN
FROM THE ADVENT OF THE INTERNET
AND WHAT WENT WRONG WITH THAT.
CARELESSLY ADOPTING A I COULD
ERODE CALIFORNIANS. PRIVACY AND
WORSEN EXISTING INEQUITIES. A I
CAN BE USED TO REPLICATE THE
WORK OF CALIFORNIA'S TALENTED
WORKING ARTISTS WITHOUT
PERMISSION OR COMPENSATION. IT
CAN BE USED TO CREATE NON
CONSENSUAL DEEP FAKE, INCLUDING
CHILD. JUST TODAY, THE L A TIMES
COVERED SITUATION AT A BEVERLY
HILLS HIGH SCHOOL WHERE NA NAKED
PICTURES WERE CREATED OF
STUDENTS WITHOUT THEIR CONSENT
OR KNOWLEDGE. IT CAN ALSO BE
USED TO SPREAD TARGETED
POLITICAL DISINFORMATION.
AUTOMATED DECISION TOOLS CAN
PERPETUATE HISTORICAL BIASES IF
THEIR TRAINING DATA IS NOT
CAREFULLY CURATED, CURATED AT
THE SAME TIME, WE KNOW THAT
AUTOMATED DECISION TOOLS CAN BE
USED TO TAKE BIAS OUT OF
DECISION MAKINGS, SO THE WORK
AHEAD OF US IS CRITICAL. PRIVACY
AND CONSUMER PROTECTION
COMMITTEE IS GOING TO SEE A LOT
OF A I LEGISLATION THAT PASSES
THROUGH THE ASSEMBLY THIS YEAR.
THIS IS BY DESIGN. WHEN I
INTRODUCED A B THREE 31 LAST
YEAR, IT WAS ONLY ONE OF A
HANDFUL OF BILLS TO DIRECTLY
TACKLE A I, AND ONLY ONE WAS
SIGNED INTO LAW LAST YEAR. THIS
YEAR MORE THAN 38. I BILLS HAVE
BEEN INTRODUCED IN THE ASSEMBLY
ALONE. AND THIS COMMITTEE IS
COMMITTED TO CRAFTING BILLS INTO
A SINGLE REGULATORY FRAMEWORK.
AND THAT IS THE GOAL WE HAVE
BEFORE US. PICK A CONSOLIDATED
APPROACH TO A I LEGISLATION WILL
BENEFIT EVERYONE. THE TECH
INDUSTRY WANTS REGULATORY
CLARITY AS THEY INNOVATE AND
EXPAND. CALIFORNIANS WANT TO
KNOW THAT THEIR INTERACTIONS
WITH A IA I ARE SAFE AND THAT
THEIR PERSONAL INFORMATION WILL
BE PROTECTED. THE FRAMEWORK THAT
WE CREATE THIS YEAR MUST BE
FLEXIBLE AND FORWARD LOOKING. AS
THE TECHNOLOGY CONTINUES TO
EVOLVE, SO WILL WE. A. I IS NOT
MAGIC. IT'S JUST MATH. IT CAN BE
UNDERSTOOD AND IT CAN BE
REGULATED AND THAT'S WHY WE'RE
HAVING THE CONVERSATION TODAY TO
BEGIN THE DISCUSSION ABOUT WHAT
A I ACTUALLY IS TO HAVE A SHARED
UNDERSTANDING OF THE PROBLEM
BEFORE US AND HOW WE SHOULD
BEGIN TO TACKLE IT. OUR SECOND
PANEL WILL EXPLORE VARIOUS WAYS
TO DEFINE A I IN CALIFORNIA CODE
FOR THOSE OF US THAT HAVE SAT ON
THIS COMMITTEE FOR MANY YEARS.
WE KNOW THE DEFINITION OF A I
HAS BEEN A CHALLENGE AND IT'S
ONE WE'RE READY TO TACKLE. WE
HAVEN'T HELD AN INFORMATIONAL
HEARING IN THIS COMMITTEE ON
ARTIFICIAL INTELLIGENCE SINCE
2018 AND A LOT HAS CHANGED SINCE
THAT TIME. THE GOAL OF THIS
HEARING IS NOT TO SOLVE EVERY A
I PROBLEM. WE'RE JUST HERE TO
START THE CONVERSATION AND TO
MAKE SURE THE MEMBERS OF THIS
COMMITTEE HAVE THE TOOLS THEY
NEED THIS YEAR TO HELP HAVE THIS
CONVERSATION. WE ALSO INVITED
CHAIRS THAT HAVE JURISDICTION
WHERE WE THINK A I WILL BE A
SIGNIFICANT PART OF THE
CONVERSATION IN THEIR COMMITTEES
. AND I WANT TO THANK THOSE THAT
ARE PLANNING TO COME, INCLUDING.
UM, CHAIRWOMAN ORTEGA, CHAIR.
CHAIR OF EDUCATION MERICI. I
KNOW THAT, UM, THE CHAIR OF ARTS
AND ENTERTAINMENT. MR GIBSON
COULD NOT BE WITH US. UM NOR
COULD, UH, MISS PELLERIN, WHO
COULDN'T BE HERE TODAY. UM, AS
WELL AS MR MCCARTY, WHO HAS HIS
OWN HEARING THAT I BELIEVE MAY
STILL BE GOING ON. BUT WE WANTED
TO MAKE SURE THEY WERE ALL A
PART OF THIS CONVERSATION
BECAUSE WE KNOW THE OVERLAP
EXISTS IN MANY JURISDICTIONS
ACROSS THE LEGISLATURE. UM, SO
WITH THE HELP OF THOSE WHO ARE
JOINING US TODAY, I REALLY TRULY
BELIEVE THAT WE CAN AGREE ON
SOLUTIONS TO A I'S CHALLENGES
MOVE CALIFORNIA FORWARD TO BOTH
INNOVATE AND PROTECT
CALIFORNIANS AND COMMUNITY. WE
CAN SUPPORT THE EMERGING
INDUSTRY WHILE KEEPING
CALIFORNIANS SAFE. SO WITH THAT
I LOOK FORWARD TO THIS
CONVERSATION. THE WORK
CALIFORNIA HAS AHEAD OF US AS WE
SET AN EXAMPLE FOR REST OF THE
COUNTRY ON HOW CALIFORNIA CAN
LEAD THE WAY IN SETTING A I
POLICY AND THE CONVERSATION AND
WITH THAT I WANT TO SEE IF ANY
OTHER MEMBERS WANT TO GIVE
OPENING REMARKS. IS THERE ONE.
IT WAS YOU AFTER ALL. I WANNA
THANK THE CHAIR FOR CONVENING
THIS INFORMATIONAL HEARING ON
ARTIFICIAL INTELLIGENCE, AND I
ALSO WANT TO THANK THE COMMITTEE
STAFF FOR PULLING TOGETHER. THIS
VERY IMPRESSIVE LIST OF
PANELISTS AS WELL AS FOR THE
THOROUGH BACKGROUND OR AS CO
CHAIR OF THE N èC S¼ L TASK
FORCE ON ARTIFICIAL INTELLIGENCE
. I'VE BEEN ASKING QUESTIONS AND
DEVELOPING AN UNDERSTANDING OVER
THE PAST TWO YEARS ON THE RISKS
AND BENEFITS PO POSED BY, UH, A
I AND SEEKING WAYS TO ENSURE
CALIFORNIA CAN REMAIN
RESPONSIBLE LEADER IN THE
INDUSTRY. ONE OF OUR PANELISTS
TODAY PROFESSOR FEDLER ACTUALLY
SPOKE TO THE N CSL TASK FORCE
LAST YEAR IN RHODE ISLAND, AND
I'M REALLY TO HEAR FROM HER AS
WELL. THERE'S BEEN ROBUST
INTEREST ACROSS THE COUNTRY ON
LEGISLATING IN THIS SPACE, AND,
UH, THIS DEMANDS A GREAT DEAL OF
FORETHOUGHT TO ENGAGE IN THE
COMPLEXITIES OF THE TECHNOLOGY.
I APPLAUD THE CHAIR FOR ENGAGING
WITH OUR FELLOW STATE LAWMAKERS
IN OUR SISTER STATES ON THE
ISSUE AND SPENDING THE TIME TO
DEEPLY UNDERSTAND THE ISSUES OF
A I. I'M HOPEFUL THAT OUR
COLLEAGUES HERE TODAY WILL ASK
THE PANELISTS QUESTIONS THAT
WILL EXPAND THEIR UNDERSTANDING.
AS WE EMBARK ON A YEAR FILLED
WITH BILLS ATTEMPTING TO ADDRESS
A I FROM MANY DIFFERENT ANGLES.
I UNFORTUNATELY WILL HAVE TO
EXCUSE MYSELF LATER ON DURING
THIS HEARING TO TRAVEL TO
ANOTHER MEETING, BUT I WILL
CERTAINLY BE LISTENING TO THE
PANELISTS ON LIVE STREAM. THANK
YOU VERY MUCH. THANK YOU, MR
IRWIN. ELSE. OKAY THEN WE WILL
MOVE TO THE FIRST PANEL. UM
PROFESSOR NOAH KEEF. IF YOU
COULD JOIN US UP HERE, THE
FOUNDING DIRECTOR OF THE CITRUS
POLICY LAB WILL BE DOING AN
INTRODUCTION TO ARTIFICIAL
INTELLIGENCE TO SET THE STAGE
FOR OUR CONVERSATION. YES. ANY
SEAT AND I THINK YOUR MIC SHOULD
BE LIVE. NÓ SIR BENTON. THERE IS
NOW I'M LIVE. GREAT. THANK YOU
SO MUCH FOR HAVING ME. I AM
BRANDY NOE. I AM THE DIRECTOR OF
THE CITRUS POLICY LAB. I'M ALSO
AN ASSOCIATE RESEARCH PROFESSOR
AT THE GOLDMAN SCHOOL OF PUBLIC
POLICY AND ALSO A DIRECTOR OF
THE BERKELEY CENTER FOR LAW AND
TECHNOLOGY. UM IN THE OPENING
REMARKS. THERE ARE A LOT OF
THINGS SAID THAT I AGREE WITH IN
SOME THINGS THAT I DON'T
NECESSARILY AGREE WITH. UM OF
COURSE, THE ADVANCEMENTS IN
ARTIFICIAL INTELLIGENCE OVER THE
PAST FEW YEARS HAVE BEEN
PROFOUND, AND I DON'T WANT TO
UNDERMINE THE SIGNIFICANT
ADVANCEMENTS THAT HAVE HAPPENED.
BUT IF WE HYPER FOCUS,
ESPECIALLY ON GENERATIVE A I
SYSTEMS THESE ESSENTIALLY
MARVELS AND MACHINE LEARNING
RIGHT NOW IT DISTRACTS US FROM
ACTUALLY FOCUSING ON ALL FORMS
OF ARTIFICIAL INTELLIGENCE, MANY
OF WHICH HAVE BEEN AROUND FOR
DECADES, SURREPTITIOUSLY MAKING
DECISIONS THAT AFFECT EVERYONE
IN THIS ROOM IN THEIR ABILITY TO
EXERCISE THEIR RIGHTS. SO
THROUGH THIS PRESENTATION, I
HOPE TO CLARIFY WHAT IS MACHINE
LEARNING. WHAT ARE THE TYPES OF
MACHINE LEARNING IN USE TODAY?
AND WHERE DO WE NEED TO REALLY
FOCUS OUR EFFORTS? OUR NEXT
SLIDE, PLEASE. NEXT. UM YOU YOU
CAN GO NEXT. THIS IS MY THE
MARVELS OF MACHINE LEARNING. UM
SO ONE THING I ALSO DO I'M THE
HOST OF A TELEVISION SHOW AND
PODCAST SERIES CALLED TECH HYPE
WHERE I SIT DOWN WITH EXPERTS.
WE DEM DEBUNK MISUNDERSTANDINGS
AROUND EMERGING TECHNOLOGIES TO
DEBATE THE REAL BENEFITS AND
RISKS THAT ENABLES US TO BETTER
UNDERSTAND WHAT ARE THOSE
TECHNICAL OR POLICY
INTERVENTIONS THAT WE NEED
TODAY? I ENCOURAGE EVERYBODY TO
CHECK IT OUT. NEXT SLIDE. SO
WHAT IS A I WE TALK ABOUT IT ALL
THE TIME. AND OFTENTIMES WE'RE
TALKING PAST EACH OTHER. UH,
THERE ARE MANY DEFINITIONS OF A
I WHETHER THEY'RE IN LAWS OR
REGULATIONS OR AS DEFINED BY THE
FIELD, SO LET'S DIG INTO THAT
AND SEE WHAT WHAT IS ACTUALLY A
I NEXT SLIDE. WELL, IT'S
SOMETHING THAT YOU EXPERIENCE
EVERY DAY. JUST A SIMPLE
RECOMMENDER SYSTEM IS SOMETHING
THAT IS AN ALGORITHM. THAT IS A
FORM OF A I TODAY YOU PROBABLY
SEARCH THROUGH X OR INSTAGRAM OR
SOMEWHERE ELSE. THAT'S A
RECOMMENDER SYSTEM. IT'S GONNA
USE DATA THAT IT'S COLLECTED ON
YOU TO FEED UP CONTENT THAT IT
THINKS WILL KEEP YOU ENGAGED FOR
AS LONG AS POSSIBLE ON THE
PLATFORM. THERE ARE OBVIOUSLY
SOME BENEFITS TO THIS OF
TAILORING CONTENT TO YOU WHAT
YOU WANT TO SEE. BUT ALSO SOME
RISKS RIGHT LIKE WE'VE SEEN WITH
THE USE OF SOCIAL MEDIA
PLATFORMS. IN HYPER POLARIZING
POLITICAL GROUPS BEFORE
ELECTIONS NEXT SLIDE. AT THE
CITRUS POLICY LAB. WE MAINTAIN A
DATABASE OF ALL A I RELATED
LEGISLATION AT THE FEDERAL LEVEL
AND IN THE STATE OF CALIFORNIA
AND WE CAREFULLY DOCUMENT WHAT
STAGE THAT LEGISLATION IS AT.
YOU KNOW IF IT'S ACTUALLY GONE
TO COMMITTEE AND MOVED THROUGH
COMMITTEE, UM WHETHER OR NOT IT
HAD BIPARTISAN SUPPORT, UM, WHAT
AREA IS FOCUSING ON? IS IT
FOCUSING ON WORKFORCE EFFECTS OF
A I IS IT FOCUSING ON SUPPORTING
EDUCATION OPPORTUNITIES TO
ENSURE THAT THE STATE OF
CALIFORNIA OR THE UNITED STATES
HAS THE WORKFORCE CAPABILITIES
TO MEET THE SEEM DEMAND IN A I
SPACE. NEXT SLIDE. SO IT'S OF
COURSE, I THINK VERY IMPORTANT
TO TALK ABOUT HOW WE HAVE BEEN
DEFINING A I IN LEGISLATION AND
YOU CAN SEE A COUPLE EXAMPLES
HERE FROM THE NATIONAL A. I
INITIATIVE ACT OF 2020, WHICH IS
OUR MOST COMPREHENSIVE PIECE OF
A I LEGISLATION AT THE FEDERAL
LEVEL ESTABLISHED, OF COURSE,
THE NATIONAL A. I INITIATIVE
OFFICE. UM, SO HERE IT'S EVEN A
MACHINE BASED SYSTEM THAT CAN
FOR A GIVEN SET OF HUMAN DEFINED
OBJECTIVES. THAT'S REALLY
IMPORTANT. I'M GONNA EXPLAIN WHY
IT'S IMPORTANT TO THINK ABOUT
WHETHER OR NOT IT'S HUMAN
DEFINED OBJECTIVES OR DEFINED BY
SOMETHING ELSE. NOW NEST ALSO
DEVELOPED THE A RISK MANAGEMENT
FRAMEWORK, AND IN THEIR
DEFINITION, THEY SAY, AN
ENGINEERED OR MACHINE BASED
SYSTEM THAT CAN FOR A GIVEN SET
OF OBJECTIVES. LOOK, THEY
DROPPED OFF HUMID. OK SO IT'S
EXPANDED. IT MIGHT NOT BE HUMAN
DEFINED OBJECTIVES. NEXT SLIDE.
AND IN THE EU A ACT AND I KNOW
MY EU COMMISSION. FRIENDS ARE
BEHIND ME. SO I HOPE I GET THIS
RIGHT. UM NOW THIS AN A I SYSTEM
MEANS THE SYSTEM THAT IS
DESIGNED TO OPERATE WITH
ELEMENTS OF AUTONOMY IN THAT
BASED ON MACHINE AND OR HUMAN
PROVIDED DATA AND INPUTS, AND
THAT'S INCREDIBLY IMPORTANT
BECAUSE THAT'S WHERE THE FIELD
IS MOVING BEYOND JUST HUMAN
DEFINED OBJECTIVES TO MACHINE
DEFINED AND I'LL GIVE SOME
EXAMPLES NEXT SLIDE. WE NEED TO
TALK ABOUT HOW A IA I IS
ACTUALLY DEFINED BY THE FIELD OF
COMPUTER SCIENCE. SO A I IS A
SUB, UM, COMPONENT OF THE FIELD
OF, UH, COMPUTER SCIENCE. AND
THEN WHAT WE HAVE MOSTLY RIGHT
NOW IN OPERATION IS MACHINE
LEARNING. AND THERE ARE
ESSENTIALLY THREE MAIN
CATEGORIES OF MACHINE LEARNING.
WE HAVE SUPERVISED VERSUS
UNSUPERVISED MACHINE LEARNING.
WE HAVE DEEP LEARNING, AND WE
HAVE REINFORCEMENT. LEARNING IN
THOSE THREE THINGS DON'T HAVE TO
OPERATE IN ISOLATION FROM EACH
OTHER. YOU CAN HAVE DEEP
LEARNING THAT HAS REINFORCEMENT
LEARNING ON TOP OF IT. SO FOR
EXAMPLE, CHAT GP Tð IS DEEP
LEARNING WITH REINFORCEMENT
LEARNING VIA HUMAN FEEDBACK. AND
IF ALL OF THIS SOUNDS LIKE WHAT
ALL OF THESE THEOREMS ACTUALLY
MEAN, I'M GONNA GET REALLY
CONCRETE. SIMPLE EXAMPLES. NEXT
SLIDE. ALRIGHT, LET'S LOOK A Tð
MACHINE LEARNING. SO YOU'VE
PROBABLY SEEN THESE TERMS EITHER
IN MEDIA, UH, TALKING ABOUT THE
RISE OF MACHINE LEARNING AND A I
OR YOU'VE SEEN THESE TERMS IN
DRAFT LEGISLATION, DRAFT BILLS.
WE HAVE SUPERVISED MACHINE
LEARNING, UNSUPERVISED MACHINE
LEARNING REINFORCEMENT, LEARNING
DEEP LEARNING GENERATIVE, A
FOUNDATION MODELS. GENERAL
PURPOSE A. I INCREDIBLY
OVERWHELMING RIGHT? AND WE'RE
THINKING ABOUT HOW DO WE
REGULATE THIS TECHNOLOGY? AND
THERE ARE ALL OF THESE DIFFERENT
TYPES. HOW DO WE APPROPRIATELY
WRITE LEGISLATION THAT CAN
ACTUALLY ADDRESS THE POTENTIAL
BENEFITS AND RISKS OF THESE
DIFFERENT TYPES? SO LET'S BREAK
THEM DOWN. NEXT SLIDE. OKAY. I
N MACHINE LEARNING. UM I TALKED
ABOUT THE MAIN MAIN TYPES WE
HAVE SUPERVISED. UH, NOW THAT'S
WHERE YOU HAVE A LABEL DATA SET
THAT IS USED TO TRAIN THE
ALGORITHM. UNSUPERVISED MACHINE
LEARNING. THE ALGORITHM WILL
ANALYZE AND CLUSTER UNLABELED
DATA. IT'S GOING TO FIND THESE
LATENT FACTORS. IT'S GONNA
IDENTIFY CERTAIN TRENDS AND
CLUSTER GROUPS AND THEN
REINFORCEMENT LEARNING OUR
ALGORITHMS THAT LEARN THROUGH
TRIAL AND ERROR, USING FEEDBACK
FROM ITS ACTION. ALRIGHT, LET'S
DIG A LITTLE DEEPER NEXT SLIDE.
OK AND I'M GONNA MAKE THIS AS
SIMPLE AS POSSIBLE. SO IF YOU
HAVE SOMETHING THAT IS ROUND AND
IT HAS A STEM AND IT'S RED. WHAT
IS IT? AN APPLE. OK, PROBABLY
LET'S JUST GET IT AN APPLE NEXT.
YES. OK, NEXT SLIDE. OK, NOW YOU
HAVE SOMETHING RIGHT? IT'S AND
THEN CLICK. THREE TIMES NOW, IF
WE HAVE SOMETHING, THAT'S ROUND,
AND IT HAS A STEM BUT IT'S NOT
RED. ACCORDING TO OUR ALGORITHM
THAT WE'VE DEVELOPED. IT IS NOT
AN APPLE CLICK. THANK YOU. ALL
RIGHT. NEXT SLIDE AGAIN,
SOMETHING THAT'S ROUND AND YOU
CAN CLICK THREE TIMES. IT'S
ROUND. IT HAS A STEM, AND IT'S
RED BULK FOR ALGORITHM. THIS
TOMATO IS AN APPLE. THIS IS A
FALSE POSITIVE. THE OTHER ONE
WAS CALLED THE FALSE NEGATIVE.
ALL RIGHT NEXT. NOW THIS IS THE
SIMPLEST WAY THAT I CAN EXPLAIN.
SUPERVISED MACHINE LEARNING.
ESSENTIALLY YOU WILL TAKE YOUR
DATA. YOU TAKE YOUR DATA, YOU
LABEL IT SO YOU WOULD LABEL THE
GREEN APPLE IS APPLE, THE GREEN
TOMATO AS A TOMATO. THE RED
TOMATO IS A TOMATO AND THE RED
APPLE IS APPLE. YOU HOLD OUT A
SET OF TEST DATA. YOU PUT THOSE
LABELS INTO YOUR TRAINING MODEL
AND YOU TEST TO SEE. IS IT
ACCURATE? HOW MANY TIMES DOES IT
HAVE A FALSE POSITIVE WHERE IT
SAYS A GREEN TOMATO IS A GREEN
APPLE. AND YOU CAN TEST THE
PREDICTION AND SEE HOW ACCURATE
YOUR MODEL IS, AND I'M
PRESENTING THEM IN THIS WAY. THE
FIELD MOVED IN THIS WAY.
ESSENTIALLY WE HAD SUPERVISED
MACHINE LEARNING WITH HUMAN
LABELED DATA SETS AND THEN MOVED
ON TO NEXT SLIDE. UNSUPERVISED
MACHINE LEARNING. THAT'S WHERE
YOU TAKE UNLABELED DATA. YOU PUT
IT INTO THIS. UM INTERPRETATION.
IT'S GONNA IDENTIFY LATENT
FACTORS. SO IT'S GONNA SAY
ANYTHING THAT IS ROUND THAT HAS
SPECKLES ON IT IN ONE TINY STEM
THAT'S AN APPLE. ANYTHING THAT
IS RED. SHINY OFTEN TIMES HAS
WATER DROPLETS ON IT, AND FIVE
SHOOTS OFF THE TOP. THAT'S GONNA
BE A TOMATO. WELL THE ISSUE WITH
THAT IS YOU CAN ACTUALLY
ACCIDENTALLY GET FALSE POSITIVES
AND FALSE NEGATIVES. YOUR ERROR
RATE CAN BE HIGHER IN THIS.
THAT'S ONE OF THE DRAWBACKS, BUT
YOU COULD USE IT TO PROCESS
LARGE AMOUNTS OF DATA AND YOU
COULD IDENTIFY LATENT FACTORS
THAT YOU AND DON'T EVEN THINK
ABOUT THAT. WE DON'T EVEN SEE
BUT IT'S HIS UM, NEXT SLIDE. OK
AND THEN REINFORCEMENT LEARNING.
THAT'S WHERE WE ARE. ESSENTIALLY
NOW THIS IS THE ADVANCED SIDE.
SO YOU HAVE YOUR UNSTRUCTURED
DATA. AND YOU'RE GONNA ANSWER
THAT IN THE MODEL AND YOU'RE
GOING TO REWARD OR PUNISH IT OFF
A TRIAL AND ERROR, WHETHER OR
NOT IT GETS IT RIGHT. SO IF IT
ACTUALLY DOES SAY OK, THIS RED
ROUND THING WITH THE STEM THAT'S
AN APPLE. IT GETS REWARDED. IF
IT LABELS THE TOMATO AS AN
APPLE, IT GETS A PUNISHMENT.
IT'S BASED OFF OF REWARD AND
PUNISHMENT. AND YOU WANT TO DO
THAT OVER AND OVER AND OVER AND
OVER AND OVER UNTIL YOUR MODEL
GETS BETTER AND BETTER AND
BETTER. AT PREDICTING WHETHER OR
NOT SOMETHING IS REALLY A TOMATO
OR AN APPLE. OKAY SO THAT'S
PRETTY MUCH THE FIELD OF MACHINE
LEARNING AND WHERE WE ARE NOW.
OK, NEXT SLIDE. NOW, SOME OF THE
CHALLENGES AND I HINTED AT THESE
IN MY REMARKS ALREADY IN
SUPERVISED MACHINE LEARNING, YOU
HAVE TO HAVE HUMANS LABELING
DATA. WELL HUMANS ARE FALLIBLE,
RIGHT? WE MAKE MISTAKES. WE HAVE
IMPLICIT BIASES. WE MIGHT NOT
LABEL DATA IN A CORRECT WAY. ITS
INTENSIVE. YOU HAVE TO HAVE
PEOPLE DOING IT RIGHT, WHICH
MEANS IT'S LIMITED. YOU COULDN'T
APPLY IT TO LOTS AND LOTS AND
LOTS OF BIG, BIG DATA. UH, NEXT
UNSUPERVISED MACHINE LEARNING.
AS I SAID, BEFORE, SOME OF THE
ERRORS CAN HAPPEN A LOT MORE
BECAUSE IT'S LOOKING AT THESE
LATENT FACTORS OR IT MIGHT
IDENTIFY SOMETHING THAT YOU
DON'T UNDERSTAND WHY IT'S UM,
USING THAT AS ESSENTIALLY A
PROXY TO SAY IT IS AN APPLE, FOR
EXAMPLE. NOW AND THEN THE
REINFORCEMENT LEARNING ONE OF
THOSE CHALLENGES, AND THIS IS A
VERY CLASSIC EXAMPLE. SO SORRY
IF YOU'VE ALREADY SEEN THIS, BUT
IF YOU PRESS PLAY NOW THIS SPEED
BOAT. THIS IS USING
REINFORCEMENT LEARNING AND IT
SAID LOOK, YOUR TASK IS TO WIN
THE BOAT RACE. WELL WHAT DO YOU
GET? WHEN YOU WIN THE RACE? YOU
GET POINTS, RIGHT? WELL IT WAS
REALLY SMART AND TO FIGURE IT
OUT. LOOK, I DON'T REALLY CARE
ABOUT WINNING THE RACE. BECAUSE
I CAN JUST GET STUCK IN THIS
INFINITE LOOP IN GETTING THESE
LIKE BOOTHS. THEY GIVE ME ALL
THE POINTS IN THE WORLD AND
NEVER WIN THE RACE. RIGHT. THIS
IS A, UM WHERE YOU'RE
PRIORITIZING FOR THE WRONG
THING. RIGHT IT SHOULDN'T HAVE
BEEN PRIORITIZING FOR THE
OUTCOME OF WINNING THE RACE
BECAUSE THAT WAS JUST A PROXY
FOR POINTS. IN THIS CAN HAPPEN.
IT'S CALLED A FAULTY REWARD
FUNCTION, AND THIS CAN HAPPEN IN
MUCH, MUCH, MUCH MORE SERIOUS
INSTANCES. THIS IS JUST A CLEVER
FUN EXAMPLE TO SHOW YOU, BUT YOU
CAN HAVE A FAULTY REWARD
FUNCTION ON IDENTIFYING
INDIVIDUALS WHO MAY HAVE CANCER.
AND YOU'RE ACCIDENTALLY LOADING
THE DECISION ON SOMETHING ELSE
THAT'S IRRELEVANT. LIKES. OH,
GREAT. THANK YOU. UM AND THEN IN
THE FIELD OF DEEP LEARNING, UM
WHICH IS REALLY THE A I DU JOUR
WHAT WE'RE ALL TALKING ABOUT IN
THE USE OF MACHINE LEARNING.
WHERE NOW WE'RE USING, UM. IT'S
MORE COMPLEX, YOU'RE ABLE TO
PROCESS LARGE AMOUNTS OF DATA
AND IDENTIFY RELATIONSHIPS AND
DATA THAT MAY NOT BE APPARENT TO
YOU AND ME. UH, NEXT SLIDE. AND
IT'S BASED OFF OF THE WAY THE
HUMAN BRAIN WORKS AND AS A
PROMOTION OF SLATER, YOUR WORK,
THE PRIMER DOES A VERY GOOD JOB
TALKING ABOUT DEEP LEARNING WHAT
ALL THESE NEURAL NETS MEAN. AND
YOU KNOW THESE LATENT FACTORS
AND ALL OF THE MODEL WEIGHTS
THEM ACHIEVING AN OUTCOME. THIS
IS OFTEN WHEN WE HEAR ABOUT A
BLACK BOX ALGORITHM. THIS IS
WHAT WE'RE TALKING ABOUT WHERE
WE MIGHT NOT FULLY UNDERSTAND
WHY THE MODEL IS MAKING A
CERTAIN DECISION THAT IT'S
MAKING. HOWEVER I WILL SAY THAT
THERE ARE STATISTICAL METHODS
THAT WE CAN USE TO PEER INTO
THAT BLACK BOX, FOR EXAMPLE, THE
USE OF SOMETHING CALLED
COUNTERFACTUAL, WHERE YOU CAN
LOOK AND SEE IF WE CHANGE
CERTAIN THINGS. DOES IT CHANGE
THE OUTCOME? I WOULDN'T BUY IT.
IF YOU HEAR ANYBODY SAY THAT
THERE ARE NÓ WAYS TO LOOK INSIDE
THESE BLACK BOXES. NEXT SLIDE.
CHALLENGES OF COURSE OF DEEP
LEARNING LARGE AMOUNTS OF DATA,
POWERFUL COMPUTING THIS IDEA OF
THE LACK OF TRANSPARENCY.
HOWEVER, I THINK IT CAN BE
OVERCOME IN MANY WAYS. AND THIS
IDEA OF THE FALL TO REWARD
FUNCTIONS, CREATING THESE
UNINTENDED BEHAVIORS. NEXT
SLIDE. OF COURSE, GENERATIVE A.
I IS THE THING THAT WE'RE ALL
FOCUSING ON RIGHT NOW. GOVERNOR
NEWSOM ISSUED AN EXECUTIVE
ORDER. PRETTY MUCH SPECIFICALLY
FOCUSED ON GENDER OF A I YEAH,
WELL, THAT'S GREAT THAT IT'S
BROUGHT MORE ATTENTION TO THE
USE OF A I. I CAUTION THAT WE
SHOULD NOT JUST BE HYPER FOCUSED
ON GENERATIVE A I SYSTEMS BUT
THAT WE USE THIS AS AN
OPPORTUNITY TO ALSO FOCUS ON
SIMPLER FORMS OF MACHINE
LEARNING WHAT WE OFTEN CONSIDER
NARROW MACHINE LEARNING. NEXT
SLIDE. AND ESSENTIALLY THE MOST
DISRUPTIVE. UM, ADVANCEMENT THAT
HAS HAPPENED IS THAT PREVIOUSLY
WHEN WE DEVELOPED MACHINE
LEARNING MODELS, WE DEVELOPED
THEM FOR VERY SPECIFIC TASKS.
WELL NOW COMES ALONG SOMETHING
WE CALL FOUNDATION MODELS WHERE
YOU CAN BUILD ON TOP OF THIS
MODEL. VARIOUS APPLICATIONS
RIGHT, GIVEN THE NAME FOUNDATION
MODELS, CHAT GP Tð FOUNDATION
MODEL. GB Tð FOUR. YOU'RE ABLE
TO ACTUALLY BUILD ON TOP OF THAT
TEXT GENERATION IMAGE GENERATION
VIDEO GENERATION. AND YOU
PROBABLY ALSO HEARD A LOT OF
TALK ABOUT LLM S¼, RIGHT. LARGE
LANGUAGE MODELS. WELL YOU'RE
GONNA HEAR A LOT MORE ABOUT LMM
S¼, AND THOSE ARE LARGE
MULTIMODAL MODELS LIKE CHA GP Tð
4.5 WHERE YOU CAN'T BUILD ON TOP
OF IT. TEXT IMAGE VOICE VIDEO.
NEXT. UH, NEXT, I THINK AND GO
OVER QUICKLY. UH, NEXT. OK I
WANNA RAISE UP THAT NEST WHEN
THEY ISSUED THE NEST A I RISK
MANAGEMENT FRAMEWORK, WHICH IS A
VOLUNTARY FRAMEWORK AT THE
FEDERAL LEVEL TO OVERSEE A I TO
MITIGATE ANY RISKS. THEY DID
CALL FOR PEOPLE TO PROVIDE
PROFILES OF HOW DO YOU ACTUALLY
IMPLEMENT THIS? AND U èC,
BERKELEY, OUR TEAM AT CITRUS
CITRUS POLICY LAB IN THE CENTER
FOR LONG TERM CYBER SECURITY
SUBMITTED A PROFILE ON HOW DO
YOU ACTUALLY IMPLEMENT THE NEST?
A RISK MANA MANAGEMENT FRAMEWORK
FOR GENERATIVE. A I GENERAL
PURPOSE A. I SYSTEMS IT'S NÓ.
DOCUMENT OF COURSE, GOING
THROUGH THAT, BUT IT'S I THINK A
REALLY STRONG UH, DEMONSTRATION
OF HOW YOU ACTUALLY CAN
IMPLEMENT THAT IN PRACTICE. NEXT
SLIDE. AND THAT'S WHAT IT LOOKS
LIKE. IF YOU WANNA GO ONLINE AND
DOWNLOAD IT. NEXT. UH, NEXT,
WE'LL SKIP THAT. YEAH. OR TIME.
AND I ACTUALLY SKIP THIS ONE
TOO, BECAUSE I KNOW THAT THERE
ARE QUESTIONS RIGHT? UM I JUST
HAVE ONE MORE POINT THAT I WANNA
MAKE NEXT SLIDE. THIS ONE. THIS
TO ME IS GONNA BE A REALLY BIG
PROBLEM AND A CHALLENGE FOR US
THAT WE NEED TO ADDRESS BECAUSE
THERE ARE VARIOUS, UM LAWS BEING
PASSED. OF COURSE, THE EU PASSED
THE EU A. I ACT AT THE FEDERAL
LEVEL. WE DO NOT HAVE A
COMPREHENSIVE LAW. WE HAVE
VARIOUS LAWS PROPOSED IN THE
CALIFORNIA LEGISLATURE, AS
COMPANIES ARE TRYING TO DEAL
WITH, HOW DO WE IMPLEMENT THESE
RISK ASSESSMENTS? IN WHOSE RISK
ASSESSMENT AND WHAT DOES DUE
DILIGENCE LOOK LIKE, HOW DO WE
DO IT APPROPRIATELY, RATHER THAN
THEM BRINGING ON THOSE PEOPLE IN
HOUSE? THE TALENT IN HOUSE?
WE'RE STARTING TO SEE THIS
BURGEONING SECTOR OF THIRD PARTY
AUDITORS CERTIFIERS LICENSERS
WHO WILL SAY LOOK, YOU GIVE US
ACCESS TO YOUR MODEL. WE WILL
AUDIT IT FOR YOU TO ENSURE IT'S
COMPLIANT WITH THE CONFORMITY
ASSESSMENT PROCESS IN THE UA I
ACT OR WITH. DOING A RISK
ASSESSMENT ALIGNMENT WITH WHAT
ARE THE BILLS YOU MIGHT PROPOSE.
NOW I'M CONCERNED. HOW DO WE
KNOW THAT THOSE THIRD PARTIES
ARE DOING AN ADEQUATE JOB? SO
THERE MUST BE OVERSIGHT OVER
THEM. MAYBE THEY'RE GOING TO BE
LICENSED THEMSELVES TO ENSURE
THAT THEY ARE DOING A ROBUST
ENOUGH PROCESS. UH BECAUSE SOME
COMPANIES COULD ESSENTIALLY PASS
MONEY OVER TO THESE AND SAY,
LOOK, GIVE ME A CERTIFICATION
WITHOUT DOING A ROBUST ENOUGH
JOB, AND IT WILL GIVE A FALSE
SENSE OF SECURITY. AND YOU KNOW
CUSTOMERS IN THE CALIFORNIA
PUBLIC WILL DEFINITELY BE HURT
BECAUSE OF THAT. SO THANK YOU SO
MUCH PROFESSOR FOR THAT.
INCREDIBLE OVERVIEW. UM, YEAH,
MISS WICK. THANK YOU, UH, FOR
PRESENTING TODAY THAT WAS REALLY
INFORMATIVE. UM I WOULD JUST
LOVE TO GET YOUR TAKE. UM YOU
KNOW, WE'VE ATTEMPTED TO
REGULATE TECHNOLOGY IN
CALIFORNIA. WE'RE PROBABLY MORE
ADVANCED THAN MOST OTHER STATES
AND ARGUABLY FEDERALLY,
POTENTIALLY UM, YOU KNOW, WE
HAVE A PRIVACY COMMITTEE. WE
HAVE COMMITTEE CONSULTANTS WE'VE
GOT WE'RE HOME OF THE TECH
INDUSTRY. UM, I THINK THERE'S A
LOT OF INSTITUTIONAL KNOWLEDGE
IN THE BUILDING AROUND IT.
HAVING SAID ALL OF THAT
TECHNOLOGY MOVES AT A RAPID
PACE, UM AND ITERATES VERY, VERY
QUICKLY. AND LAW MAKING IS NOT
VERY, VERY QUICKLY. UM SO I
THINK WE HAVE THAT CHALLENGE. UM
ALSO, THERE'S UH, AS MENTIONED.
I THINK GREAT OPPORTUNITIES WITH
A I, UM BOTH ECONOMICALLY FOR
YOU KNOW THE REGION THAT I
REPRESENT IN THE BAY AREA, BUT
ALSO JUST FOR SOCIETY AND
HUMANITY. RISK RIGHT? AND SO
GIVEN ALL OF THAT, AND YOUR
KNOWLEDGE BASE, UM HOW WOULD YOU
WHAT WOULD BE YOUR
RECOMMENDATION TO LAWMAKERS IN
CALIFORNIA AND HOW WE PROPOSE A
REGULATORY FRAMEWORK AROUND A I
AND WHAT ARE THE MOST IMPORTANT
THINGS? YOU THINK WE SHOULD
FOCUS ON? YEAH, I'M REALLY HAPPY
. MY EU FRIENDS AND COLLEAGUES
ARE GONNA BE PRESENTING TODAY
BECAUSE I DO THINK THAT THEY'VE
DONE A GOOD JOB BY TAKING A RISK
BASED APPROACH AND PUTTING IN
SOME ADDITIONAL SAFEGUARDS FOR
CERTAIN TYPES OF A I, BUT
ESSENTIALLY, IT'S AGNOSTIC TO
THE TYPE OF A I. IT'S WHETHER OR
NOT IT'S BEING USED IN A HIGH
RISK AREA, AND THAT ALLOWS IT TO
BE ABLE TO BE NIMBLE AS THE
TECHNOLOGY ADVANCES. I WOULD
REALLY ADVISE AGAINST PUTTING IN
PLACE ANY LEGISLATION THAT IS
SPECIFICALLY FOCUSED ON ONE OF
THOSE TYPES. I LIKE MORE
PRESCRIPTIVE, RIGHT? YEAH AND I
MEAN, WE HAVE ESTABLISHED LAWS
THAT GIVE PEOPLE REMEDY IF THEY
ARE HARMED, RIGHT, LIKE IF AN HÌ
R TOOL IS DISCRIMINATORY.
SOMEBODY CAN SUE FOR THAT. BUT
THE HARM IS ALREADY HAPPENED. SO
ANOTHER THING I LIKE ABOUT THE
EU. A I ACT IS THAT IT ACTUALLY
MITIGATES THOSE RISKS BEFORE THE
PRODUCT GOES ON THE MARKET
RATHER THAN LIKE IN THE UNITED
STATES, WHERE WE WOULD HAVE
STANDING TO SUE IF HARM
HAPPENED, SO I WOULD RECOMMEND
THIS KIND OF OVERSIGHT MECHANISM
OF DOING RISK ASSESSMENTS BUT
MAKING SURE THAT THOSE THIRD
PARTY AUDITORS, LICENSERS AND
CERTIFIERS ARE LEGITIMATE.
OTHERWISE, IT'S JUST FOR NAUGHT.
THANK YOU. YEAH, MR LOWENTHAL.
UH THANK YOU SO MUCH FOR THAT,
UH, PRESENTATION. I I'M
INTERESTED IN THE CONCEPT OF HOW
A I CAN HELP GOVERNMENT. AND ITS
DELIVERY OF SERVICES WHERE NOT
ONLY RETICENT TO UNDERSTAND
TECHNOLOGY WE'RE EDISON TO USING
IT. AND CERTAINLY, YOU KNOW, UH,
AND SPEAKING OF TAXPAYER MONEY
AND ORGANIZING AS A WHOLE, UH,
THE MORE EFFICIENT DELIVERY OF
SERVICES WHERE WE CAN MEASURE
OUR EFFECTIVENESS OF DELIVERING
SERVICES. WHAT'S WORKING WHAT'S
NOT IS SOMETHING I'M NOT HEARING
A LOT OF DISCUSSION ABOUT UM,
YOU KNOW, WHAT'S YOUR TAKE ON
THAT? HOW CAN GOVERNMENT GET
INVOLVED IN A WAY THAT IS
MINDFUL OF ALL THE CONCERNS THAT
A I HAS AND YET STILL BE ABLE TO
DELIVER MORE? YEAH THANK YOU. SO
MUCH FOR RAISING. THAT'S
ACTUALLY OUR TEAM AT THE CITRUS
POLICY LAB IN THE CENTER FOR
LONG TERM CYBER SECURITY, WORKED
WITH THE STATE OF CALIFORNIA FOR
A TWO YEAR PERIOD FOR THE
CALIFORNIA DEPARTMENT OF
TECHNOLOGY AND WITH PROCUREMENT
TO HELP THEM DEVELOP A
RESPONSIBLE STRATEGY, SO THAT
WHEN A NEW A I ENABLED
TECHNOLOGY WERE TO COME ABOUT
LIKE CHAT GP Tð. HOW CAN THE
STATE ACTUALLY BE FULLY PREPARED
TO USE THAT TECHNOLOGY IN A WAY
THAT MITIGATES POTENTIAL RISKS
OR LIABILITIES? NOW OF COURSE,
THE WHITE HOUSE EXEC, NOT THE
WHITE HOUSE, THE CALIFORNIA UM,
EXECUTIVE ORDER HAS CALLED FOR
AGENCIES TO IDENTIFY WAYS THAT
THEY CAN IMPLEMENT GENERATIVE A.
I UM, I KNOW I'M ON RECORD AND
THAT'S OK. I'LL SAY THIS. I
THINK THAT THAT IS A LITTLE BIT
SHORT SIGHTED. IT'S SORT OF
CHASING THAT SHINY TOY RIGHT
NOW. GREAT GENERATIVE. A. I
SYSTEMS HOLD A LOT OF POTENTIAL
TO INCREASE EFFICIENCY AND
EFFECTIVENESS FOR THE STATE OF
CALIFORNIA. BUT ALL OF THOSE
OTHER TYPES OF A I THAT I TALKED
ABOUT. YOU CAN USE THOSE ALSO TO
HELP YOU BECOME MORE EFFICIENT
AND EFFECTIVE, AND ALSO A LOT OF
THEM ARE ALREADY IN USE ACROSS
THE STATE. SO I THINK IT'S ABOUT
RECOGNIZING WHERE IT'S ALREADY
BEING USED ACROSS THE STATE. AND
MAKING SURE THAT THE SOLUTION IS
FIT FOR PURPOSE TO THE PROBLEM
RATHER THAN HAVING A SOLUTION
WHERE YOU'RE TRYING TO FIND A
PROBLEM THAT FITS WITH IT. IF IT
WERE FROM A FRA MEWORK
PERSPECTIVE. HOW IS IT THAT WE
CAN ASSESS THAT? ESPECIALLY AS
AS LEGISLATORS, UM UM WHAT TO
UTILIZE. IN WHAT SCENARIO AND,
UM AND WHAT SHOULD WE BE
MEASURING AND TO THE POINT OF
MY, YOU KNOW, COLLEAGUE FROM
OAKLAND, YOU KNOW, HOW DO WE
CREATE A FRAMEWORK AROUND THAT?
AN OVERSIGHT AROUND THAT YEAH,
WE'VE TALKED ABOUT THIS A LOT.
AND ACTUALLY, THE UNIVERSITY OF
CALIFORNIA ALSO SET UP ITS OWN
RESPONSIBLE. A I PRINCIPLES IN
OUR FIRST ONE IS APPROPRIATENESS
IS THAT SOLUTION THAT TECHNOLOGY
SOLUTION APPROPRIATE TO THE
PROBLEM. WHAT YOU CAN DO IS GO
THROUGH YOUR PROCUREMENT WHEN
YOU'RE EVALUATING WHETHER OR NOT
THAT THIRD PARTY VENDOR OF
COURSE, I'M SURE THE PROCUREMENT
OFFICE RIGHT NOW IS INUNDATED
WITH VENDORS SAYING LOOK, THIS
GENERATIVE A I TOOL WILL SOLVE
ALL OF YOUR PROBLEMS. WELL,
MAYBE IT'S NOT THAT GENERATIVE A
I TOOL THAT WE NEED TO SOLVE
THAT PROBLEM, SO I THINK IT'S
ALSO ABOUT CREATING MORE
AWARENESS WITHIN THE STATE
PERSONNEL AND STAFF ABOUT THE
DIFFERENT TYPES OF THESE
TECHNOLOGIES AND BEING ABLE TO
CRITICALLY. EVALUATE THEM. AND I
WILL SAY THAT THE COMMITTEE IS
WORKING ON A JOINT OVERSIGHT
HEARING WITH BUDGET ON THE RFP
S¼ COMING OUT OF, UM THE
CALIFORNIA EXECUTIVE ORDER TO
HAVE THAT CONVERSATION AROUND
BOTH. WHAT IS IT LOOKING AT? AND
THE PRIVACY PROTECTIONS THAT ARE
CRITICAL? I THINK, AS WE ENGAGE
WITH NEW LARGE LANGUAGE MODELS
AND GENERATIVE A. I, UM YEAH.
THANK YOU SO MUCH. AND I. I DO
APPRECIATE YOUR PRESENTATION,
AND I APPRECIATE THAT. WE ARE
REALLY EMBARKING ON SOMETHING
VERY NEW HERE AS A SOCIETY AND
AS A STATE, AND SO I CERTAINLY A
LOT OF ISSUES TO WORK THROUGH. I
THINK MY MAIN QUESTION AT THIS
MOMENT IS, YOU KNOW, WITH THE
KIND OF RECENT PROBLEMATIC I
WILL SAY ROLL OUT OF GEMINI, FOR
EXAMPLE, UM HOW ARE WE, YOU KNOW
GOING TO OR HOW DO YOU FEEL THAT
WE SHOULD FOCUS WHEN IT COMES TO
ACCOUNTING FOR BIAS, RIGHT,
ACCOUNTING FOR AND A. I
OBVIOUSLY, UM, BIAS IN THESE NEW
SYSTEMS BY KIND OF PUTTING AN
EMPHASIS ON ACCURACY VERSUS UH
YOU KNOW, OTHER VALUE JUDGMENTS
OR VALUE PRINCIPLES, SO I JUST
WAS CURIOUS ON YOUR THOUGHTS ON
THAT. THANK YOU, JOSH. I HAVE A
LOT TO SAY ON THIS. UM, BECAUSE
OFTEN TIMES WE HEAR PEOPLE SAY
THAT A I CREATES BIAS. IT DOES
NOT A I JUST EXEMPLIFIES AND
REPLICATES AND DEMONSTRATES THE
BIASES THAT ARE THERE IN OUR
SOCIETY, SO IT ACTUALLY SHINES A
LIGHT ON BIASES THAT AND WHAT'S
GREAT ABOUT THAT IS YOU CAN'T
HIDE FROM IT. YOU HAVE EVIDENCE.
YOU CAN SEE THAT THE BIAS IS
THERE NOW YOU CAN ADDRESS IT. WE
ALSO CAUTION THAT YOU CAN NEVER
HAVE AN A I SYSTEM THAT IS BIAS
FREE, NEVER, EVER, EVER. NEVER
UH, NIST ISSUED A REPORT WHERE
THEY TALK ABOUT THREE TYPES OF
BIAS. YOU HAVE OUR HUMAN
IMPLICIT BIAS. WE ALL HAVE. WE
HAVE INSTITUTIONAL BIASES. THE
UNITED STATES. IT'S IS RIFE WITH
THEM. AND YOU ALSO HAVE
STATISTICAL BIAS. WELL YOU
CANNOT SIMULTANEOUSLY ADDRESS
ALL SUBCATEGORIES OF BIAS. UNDER
THOSE THREE CATEGORIES. IT'S
MORE ABOUT WHICH BIAS ARE WE
MOST CONCERNED ABOUT IN THIS USE
CASE. IN THIS APPLICATION AREA,
AND HOW DO WE ADDRESS AND MANAGE
THAT BIAS? UM SO I WOULD SAY
YEAH, DOING THESE AUDITS OF
THESE SYSTEMS DOING RISK
ASSESSMENTS DOING CONTINUOUS
MONITORING. AFTER YOU HAVE
DECIDED, OK, IF WE'RE DOING, UM
EQUAL EMPLOYMENT OPPORTUNITY,
WHAT WE WANT TO MAKE SURE THAT
IT'S NOT FLAGGING WOMEN TO BE
MOVED OUT AND NOT CONSIDERED FOR
THE JOB AT A HIGHER RATE
DISPROPORTIONATELY FROM MEN.
RIGHT, SO THAT WOULD BE THE BIAS
THAT WE'RE CONCERNED ABOUT, AND
LET'S TRY TO MANAGE IT AND
MITIGATE IT FROM HAPPENING. IF I
COULD JUST DO ONE REALLY QUICK.
FOLLOW UP. WHAT DO YOU FEEL ARE
THE APPROPRIATE FOUNDING
PRINCIPLES OF FOR CREATING A I
SYSTEMS. SO, FOR EXAMPLE, YOU
KNOW GOOGLE'S PRINCIPLES, THEIR
TOP THREE BE SOCIALLY BENEFICIAL
. AVOID CREATING A REINFORCING
UNFAIR BIAS BE BUILT AND TESTED
FOR SAFETY. THEY HAVE A NUMBER
OF OTHERS. DO YOU FEEL LIKE
THAT'S THE RIGHT FOCUS ARE PART
OF ME FEELS LIKE THERE, THERE
MAY BE SOME OTHER PRINCIPLES
THAT MIGHT RISE TO MORE
IMPORTANCE. BUT I WANTED TO JUST
GET YOUR THOUGHTS ON ON THAT
FOUNDATIONAL. THIS IS A GOOD
QUIZ FOR ME. SO THE COMMON ONES
ARE, UM, THE FIRST I
APPROPRIATENESS LIKE IS THIS
EVEN APPROPRIATE FOR US TO USE
THIS TECHNOLOGY? UH,
TRANSPARENCY. SO HOW IS IT
MAKING ITS DECISION? WHAT DAY IS
IT BEING USED FAIRNESS AND NON
DISCRIMINATION, SAFETY AND
SECURITY. PRIVACY ACCOUNTABILITY
, SO THAT WOULD ENSURE THAT
ESSENTIALLY IF AN A I SYSTEM
MADE A DECISION THAT
DISPROPORTIONATELY HARMED
INDIVIDUALS. THERE WAS AN
ACCOUNTABILITY MECHANISM WHERE
YOU COULD PUSH BACK. AND I'M
MISSING. THE SEVENTH ONE, BUT I
DID A PRETTY GOOD JOB. SIX OUT
OF SEVEN. I THINK THAT THOSE
WERE ESSENTIALLY, THERE'S
CONSENSUS THAT THOSE ARE THE
ONES WE SHOULD BE CONCERNED
ABOUT. UM. YOU RISK ASSESSMENTS
KEEP COMING UP AND THIS
CONVERSATION AND AUDITS CAN YOU
TOUCH A LITTLE BIT DEEPER ON
WHAT THOSE LOOK LIKE AND WHAT
THEY ARE. I THINK IT'S BECOME
SORT OF A BUZZWORD, BUT IT WOULD
BE HELPFUL TO DIVE DEEPER. YEAH
DEFINITELY. IT HAS BECOME A
BUZZWORD, AND IT'S ALSO BECOME
TO BE HONEST, SOMETHING THAT
CERTAIN ENTITIES CAN HIDE BEHIND
BECAUSE THEY COULD SAY LOOK, WE
DID A RISK ASSESSMENT. WE
IDENTIFIED THESE RISKS AND WE
MITIGATED THEM. WELL, HOW DO WE
KNOW WHAT RISK THEY DIDN'T LOOK
AT? SO THERE'S A LOT OF RESEARCH
RIGHT NOW, LOOKING AT WELL, WHAT
ARE APPROPRIATE RISK ASSESSMENT
STRATEGIES BASED OFF OF THE USE
CASE FIRST, IN WHAT AREA WE'RE
USING IT BUT THEN ALSO BASED OFF
OF THE TECHNOLOGY. NOW NEST HAS
THEIR NEST A I RISK MANAGEMENT
FRAMEWORK THAT'S VOLUNTARY. NÓ
COMPANY IS REQUIRED TO IMPLEMENT
THE N A R RISK MANAGEMENT
FRAMEWORK. HOWEVER WE ARE SEEING
MANY COMPANIES STEP OUT AND
ACTUALLY START TO DO IT AND
IMPLEMENT IT AND THEN PUBLISH
THAT AND AS WE SEE THOSE BEING
PUBLISHED, WE CAN SEE WHAT TYPES
OF RISKS. HOW ARE THEY ACTUALLY
OPERATIONAL? THE SPIRIT OF THAT
FRAMEWORK? OF ADDITIONALLY, MY
COLLEAGUES AND I, THE GENERATIVE
A I, UH, PROFILE THAT WE DID
USING THE N A RISK MANAGEMENT
FRAMEWORK. IT WALKS YOU THROUGH.
HOW WOULD YOU ASK EACH OF THESE
QUESTIONS? THESE RISK
ASSESSMENTS AS YOU'RE THINKING
OF THIS TECHNOLOGY. UM SO, YEAH,
THE FIELD IS GROWING RIGHT NOW,
JUST LIKE WE DID IN CYBER
SECURITY. IN THAT GROUP WHERE WE
STARTED TO GROW CONSENSUS ON
WELL, WHAT DOES IT MEAN TO DO AN
APPROPRIATE AUDIT OF OUR SYSTEM
TO ENSURE IT'S SECURE? THE SAME
THING IS GONNA HAPPEN IN THIS
SPACE. IT'S TOO EARLY. WE'RE
GONNA MOVE FORWARD. UM BUT I DO
CAUTION AGAINST HAVING INDUSTRY
DECIDE. WHAT A RISK ASSESSMENT
LOOKS LIKE THERE SHOULD BE
TRANSPARENCY IN HOW THEY'RE
DOING THAT AND A WAY TO HOLD
THEM ACCOUNTABLE IF WE FEEL THAT
THEY ARE NOT DOING ROBUST ENOUGH
JOB OF IDENTIFYING AND
MITIGATING RISKS. THANK YOU. UM
SO ONE THING, I THINK I'VE BEEN
REALLY FOCUSED ON IS WHAT ARE
THE RISKS WE UNDERSTAND TODAY,
RIGHT? AND HOW SHOULD WE BE
REGULATING THOSE? AND SO I THINK
THAT THE FOUNDATIONAL QUESTION
ABOUT UNDERLYING THAT IS. HOW IS
A I APPEARING IN OUR LIVES TODAY
? I THINK IT APPEARS IN A LOT OF
WAYS THAT WE DON'T THINK ABOUT.
SO CAN YOU TALK A LITTLE BIT
ABOUT THAT? LIKE WHEN ARE
CALIFORNIANS INTERFACING WITH A
I TODAY? ALL DAY LIKE YOU'RE A
SMARTPHONE HAS ALGORITHMS IN IT
THAT ARE MAKING DECISIONS ABOUT
THE NEWS THAT'S IN YOUR FEED.
YOU HOP ON TO X IF ANYBODY STILL
DOES, OR INSTAGRAM AND YOU GO ON
THERE AND YOU LOOK WHAT'S IN
THAT FEED WHAT'S BEING PRESENTED
TO YOU? AND WHY. UM THAT IS AN
ALGORITHM. UM EVERYTHING THE
CITY PLANNING LIKE LOOKING AT
WHERE YOU WOULD PLACE BUS STOPS,
RIGHT? YOU'RE GONNA USE
STATISTICAL MODELS. THAT'S THE
BIGGEST THING HERE IS A I IS
BASED ON STATISTICS. A LOT OF IT
IS LOGISTICAL AND LINEAR
REGRESSION OF YOU REMEMBER SOME
OF YOUR STATISTICS COURSES LIKE
IT. IT'S NOT NOW THE NEW
ADVANCEMENTS OF GENDER OF A I
SURE THERE ARE SOME DEFINITELY
LIKE HUGE CAPABILITIES THAT HAVE
EMERGED FROM THAT. BUT RIGHT NOW
, THERE ARE MORE OF THOSE SIMPLE
FORMS OF MACHINE LEARNING AND
OPERATION. IT'S EVERYWHERE IN
EVERYTHING THAT WE DO, SO I
APPRECIATED. UM, MY COLLEAGUE
FROM OAKLAND'S QUESTION AROUND
HOW WE SHOULD BE THINKING ABOUT
THIS FROM A FRAMEWORK
PERSPECTIVE, UM, SORT OF TAKE
THAT TO THE NEXT LEVEL. WHAT UM,
WHAT DO YOU THINK THE MOST
CRITICAL A I RELATED ISSUES ARE
THAT WE SHOULD BE FOCUSED ON
RIGHT. SO THAT'S SORT OF HOW DO
WE ADDRESS IT? BUT WHAT IS IT?
WE SHOULD BE FOCUSED ON
HONESTLY, NOT CHASING THE HYPE.
LIKE DON'T BECAUSE GENERATIVE A
I RIGHT NOW IS AN INCREDIBLY
HYPED TECHNOLOGY. SURE THERE ARE
RISKS, BUT I PROMISE YOU IF WE
ONLY FOCUS ON GENERATIVE A I AND
WE DO NOT BUILD IN A ROBUST
PROCESS FOR ALL FORMS OF A I
CALIFORNIANS WILL BE HURT. SO
DEBUNKING THE HYPE, OK? OH,
YEAH. THIS QUICK JUST TO FOLLOW
UP ON THAT ALSO, IS IT YOUR
SENSE THAT THE INDUSTRY IS SELF
REGULATING? EFFECTIVELY RIGHT
NOW I IT'S IT SEEMS TO BE THAT
THEY'RE TRYING TO OR THAT'S WHAT
WE'RE HEARING, AND I JUST WOULD
LOVE TO GET YOUR TAKE ON THAT.
NÓ I WOULD SAY NÓ. THEY HAVE
INCENTIVES TO DO RISK
ASSESSMENTS IN WAYS THAT ALLOW
THEM TO CONTINUE TO OPERATE.
OKAY? YEAH, MR MARTUCCI. THANK
YOU VERY MUCH, MADAM CHAIR FOR
INVITING ME TO JOIN THIS, UH, A
VERY IMPORTANT INFORMA.
INFORMATIONAL HEARING. SO, UM.
I. I UH, A COUPLE OF YEARS AGO,
I TAUGHT A CLASS AT AT U èC L
A. AND, UH UH AND, UH, YOU KNOW,
40% OF THE FINAL GRADE WAS BASED
ON A FINAL PAPER. AND UH UH AND,
BUT BEFORE THAT, I WAS HAVING
WEEKLY WRITING ASSIGNMENTS, BUT
THEY THE FINAL PAPER, THE
QUALITY AND THE RIGOR OF
RESEARCH REFLECTED IN THE FINAL
PAPER WAS SO DIFFERENT THAN ANY
OF THE WRITING SAMPLES.
PRESENTED BY THIS STUDENT BEFORE
THAT FINAL PAPER AND ME, YOU
KNOW, A COUPLE OF YEARS AGO
WITHOUT KNOWING YOU KNOW WHAT
CHA GP Tð OR OR GENE OF A I IS
ABOUT. YOU KNOW, I WAS THINKING
OLD FASHIONED WAYS. IS THIS
PLAGIARISM BECAUSE THE WRITING
STYLE DIDN'T LOOK LIKE THE
PREVIOUS WRITING SAMPLES, BUT
NOW, IN HINDSIGHT, I'M THINKING
WAS THAT ONE OF THE FIRST
EXAMPLES OF YEAH, GB Tð THAT I
THAT I CAME ACROSS AND SO I I'M
I'M WONDERING, UH, YOU KNOW, ARE
THERE ISSUES RELATED. TO GENERAL
A I IN THE EDUCATION SPACE. UM
YOU KNOW ARE ARE THERE CONCERNS
ABOUT THE IMPACT OF A I ON? YOU
KNOW, UH, JOBS IN THE, UH UH, IN
OUR SCHOOLS IN OUR UNIVERSITIES
AND COMMUNITY COLLEGES. UM, CAN
YOU CAN YOU, UH, TOUCH UPON
THESE ISSUES RELATED TO A I, UH,
AND THE AREA OF EDUCATION. YEAH,
THIS IS SOMETHING WE'RE
GRAPPLING WITH A LOT, RIGHT. YOU
SEE, BERKELEY? UM AND ACROSS THE
UC SYSTEM WE HAVE BEEN GRAPPLING
WITH HOW DO WE ALLOW STUDENTS TO
BE ABLE TO USE THIS TECHNOLOGY
THAT WILL PREPARE THEM FOR A
FUTURE WORKFORCE WHERE THEY WILL
UNDOUBTEDLY BE USING THESE TYPES
OF TOOLS, BUT ENSURING THAT THAT
THEY STILL HAVE THE FOUNDATION
OF UNDERSTANDING HOW TO WRITE AN
ESSAY HOW TO MAKE A LOGICAL
ARGUMENT. NOW WE HAVE BEEN DOING
A LOT OF WORK IN THIS SPACE. WE
HAVE THE U èC A I CONGRESS. UM
AND THE U èC A I COUNCIL. SO
THE U èC A I COUNCIL HAS
REPRESENTATION FROM ALL 10
CAMPUSES WHERE WE WORK TO
OPERATIONALIZE OUR RESPONSIBLE
A. I PRINCIPLES AND WE ALLOW
EACH CAMPUS TO OPERATIONALIZE
THEM IN A WAY THAT WORKS FOR
THEIR CAMPUS. NOTHING IS UNIFORM
, RIGHT? WE'RE A FAMILY. BUT
LIKE ANY SIBLINGS, WE'RE ALL A
LITTLE BIT DIFFERENT FROM EACH
OTHER. WE WANT TO STAND OUT. SO
WE GIVE THE CAMPUSES THAT
FLEXIBILITY AND THAT'S BEEN
UNDERWAY FOR ABOUT A YEAR.
TOMORROW I'LL BE FLYING DOWN TO
U èC L A FOR THE UNIVERSITY OF
CALIFORNIA. A I. CONGRESS WERE
UNDOUBTEDLY THIS ISSUE IS GOING
TO COME UP AND WE WILL BE
DISCUSSING WHAT WE SHOULD BE
DOING. OK UH, WHAT ABOUT OUR OUR
INCLUDED IN THOSE DISCUSSIONS?
UH ARE YOU GOING TO BE, UH, IS
THIS CONGRESS OR GATHERING GOING
TO BE DISCUSSING, UH, POTENTIAL
IMPACTS OF A I ON? UM ON. UH UH,
TEACHING CAREERS OR ON, UH,
EMPLOYMENT IN THE EDUCATION OF
THAT I CAN'T GO ON RECORD,
SAYING WHETHER OR NOT WE WILL
DISCUSS THAT. ALL RIGHT. THANK
YOU. UM, SO ONE OF THE THINGS
THAT WE HAVE HEARD IS THAT SOME
ADVOCATES WANT US TO JUST SET
HARD LIMITS ON ADVANCEMENT OF A
I SYSTEMS LIKE NOTHING SHOULD
GET MORE ADVANCED THAN WHAT WE
HAVE. TODAY. THAT SEEMS NOT
FEASIBLE TO ME, BUT WOULD LIKE
YOUR THOUGHTS ON THAT. I AGREE
WITH YOU. THAT'S COMPLETELY
INFEASIBLE. I MEAN, THE
COMPANIES ARE GONNA MOVE FORWARD
. NOW. THE ONE THING THAT I
THINK IS IMPORTANT. UM EVEN THE
WHITE HOUSE EXECUTIVE ORDER ON A
I FOCUSED ON COMPUTE POWER AS A
PROXY FOR RISK. WELL GUESS WHAT?
THEY'LL JUST DO COMPUTE POWER
UNDER THAT, OR THE FIELD ITSELF
IS MOVING TOWARD MORE EFFICIENT
MODELS THAT USE LESS COMPUTE
POWER AND LESS DATA THAT WILL
HAVE BETTER OUTCOMES. STRONGER
OUTCOMES. SO. I WOULDN'T BE
FOCUSED ON THE CAPACITY BUT MORE
ON THE POTENTIAL RISKS AND THE
RISK AREAS WHERE THESE ARE BEING
APPLIED. ALLOW THE EU A. I ACT
AS YOU SAID, UM, SO ONE THING
THAT WE'RE GRAPPLING WITH AS A
COMMITTEE WE ARE FOCUSED ON
PRIVACY AS ONE OF OUR MAIN AREAS
OF JURISDICTION IS THE
GOVERNOR'S RECENT EXECUTIVE
ORDER. UM, CREATED THESE PILOT
PROGRAMS AS I'M SURE YOU'RE
AWARE, UM FOR AGENCIES TO BEGIN
EXPERIMENTING WITH THESE
GENERATIVE A I TOOLS THAT WILL
CONTAIN CALIFORNIANS DATA.
POTENTIALLY UM, SO I WAS
WONDERING IF YOU HAD THOUGHTS ON
SORT OF AS WE START TO ENGAGE
WITH THESE ESPECIALLY THE
GENERATIVE, A LARGE LANGUAGE
MODELS. WHAT SHOULD YOU BE
THINKING ABOUT AS IT RELATES TO
THE PRIVACY OF CALIFORNIA'S DATA
ENTERING THESE MODELS, I THINK
USING ANY OF THE PRIVACY
PRINCIPLES LIKE DATA
MINIMIZATION, UM WHAT DATA DO
YOU ACTUALLY NEED TO BE ABLE TO
ACHIEVE THE OUTCOME? DO YOU
REALLY NEED TO USE PERSONALLY
IDENTIFIABLE INFORMATION?
PERSONAL DATA. IN DOING SO AND
THEN SECOND IF YOU'RE WORKING
WITH A THIRD PARTY. RIGHT, LIKE
OPEN A I, WHICH HAS FORMED ON
TRACKS WITH STATE GOVERNMENTS
LIKE THE STATE OF PENNSYLVANIA,
MAKING SURE THAT ANY DATA THAT
THEY GAIN ACCESS TO IS HELD
SECURELY AND NOT FED INTO THEIR
LARGER MODEL. MM OK. THANK YOU.
THAT'S HELPFUL. AND THEN, UM, I
KNOW THAT ONE OF THE THINGS I
JUST WANTED TO GIVE YOU AN
OPPORTUNITY TO TALK ABOUT
BECAUSE I KNOW IT'S SOMETHING
THAT YOU CARE DEEPLY ABOUT AND
HAVE THOUGHT A LOT ABOUT IS, UM,
THE AND ITS IMPACT ON
CALIFORNIANS AND POTENTIALLY
CALIFORNIA CHILDREN AND WOMEN.
UM DO YOU HAVE THOUGHTS ON WHAT
STEPS WE SHOULD BE TAKING IN
THAT SPACE THAT YOU WANNA SHARE?
YES I MEAN, IN THE STATE OF
CALIFORNIA WE HAVE A LAW RIGHT
ON NON CONSENSUAL, DEEP FAKE
IMAGERY, WHERE SOME DISTRIBUTES
NON CONSENSUAL. THE VAGUE GIVES
THAT OTHER INDIVIDUAL STANDING
TO RECEIVE, YOU KNOW,
COMPENSATION FROM DAMAGES. NOW
HOW DO WE STOP IT FROM BEING
ABLE, LIKE FROM BEING CREATED IN
THE FIRST PLACE? I THINK THERE'S
A LOT OF WORK ABOUT USING UM,
OPEN VERSUS CLOSED MODELS. UM SO
SOME OF THE CLOSED MODELS CAN
PUT IN RESTRAINTS THAT WILL
MITIGATE YOUR ABILITY TO CREATE
THAT TYPE OF CONTENT. I KNOW
RIGHT NOW THAT N Tð I A HAS
THIS OPEN COMMENT PERIOD ABOUT
OPEN SOURCE MODELS WHERE WE HAVE
THE KNOWN MODEL WEIGHTS
AVAILABLE, WHICH WOULD
ESSENTIALLY MEAN THAT A THIRD
PARTY COULD REMOVE THOSE MODEL
WEIGHTS AND USE IT TO CREATE
PROBLEMATIC CONTENT LIKE NON
CONSENSUAL DEEP OR CHILD SEXUAL
ABUSE MATERIAL. YEAH I IT'S A
DIFFICULT AREA, AND IT'S REALLY
UNFORTUNATE THAT WOMEN AND
ESPECIALLY TEEN AGED WOMEN ARE
TARGETED FIRST. YEAH. UM AND
IT'S JUST I THINK WE NEED TO
STAY ON TOP OF IT, BECAUSE I
MEAN, WE JUST KEEP HEARING STORY
AFTER STORY OF GIRLS AND BEING
IN THIS WAY, SO I APPRECIATE
THAT. OH, YEAH, YEAH, YEAH, YEAH
. JUST TO FOLLOW UP ON THE DEEP
FAKE ISSUE, I THINK, UH, HOW
FEASIBLE IS IT TO THERE WAS THIS
LETTER THAT WAS WRITTEN RECENTLY
BY A BUNCH OF EXPERTS ON THE
DEEP FAKE ISSUE AND WHAT NEEDS
TO BE DONE ON IT? BUT HOW
FEASIBLE IS IT? TO ACTUALLY HOLD
LIKE COMPANIES ACCOUNTABLE FOR
STOPPING THIS VERSUS YOU KNOW?
IS IT KIND OF AN AREA WHERE IT'S
GONNA BE REALLY DIFFICULT TO
ACTUALLY, YOU KNOW, STOP THIS
TECHNOLOGY FROM BEING UTILIZED.
THAT'S A REALLY GOOD QUESTION,
BUT I THINK IT'S BETTER FOR MY
COLLEAGUE, PROFESSOR HANY FARID,
WHO WILL COME UP SOON. OK THANK
YOU. AND I THINK, UM FIRST OF
ALL I WANNA SAY FOR THOSE THAT
DIDN'T HAVE AN OPPORTUNITY TO
READ THE BACKGROUND OR BEFORE
THE HEARING. UM IT ALSO PROVIDES
A REALLY EXCELLENT OVERVIEW OF A
I AND THE DIFFERENT WAYS THAT A
I WORKS IN OUR, UM SOCIETY TODAY
. SO I, I DO RECOMMEND IT AS A
GOOD READ FOR ANYONE WHO DIDN'T
HAVE AN OPPORTUNITY, BUT, UM, I
WANNA THANK YOU AND I KNOW UM,
AS OUR PARTNER AT THE U èC YOU
REMAIN AVAILABLE TO. I THINK
ANYBODY HERE WHO HAS QUESTIONS
OR WANTS TO LEARN MORE. I KNOW
WE'VE SPENT TIME TOGETHER. SO UM
I REALLY APPRECIATE YOU BEING
HERE AND PROVIDING, UM ALL OF
THESE QUESTIONS AND ANSWERS. AND
WITH THAT, I THINK WE'LL MOVE ON
TO THE SECOND PANEL. THANK YOU
SO MUCH FOR HAVING ME. SO OUR
SECOND PANEL WILL GET INTO THE
QUESTION OF DEFINING ARTIFICIAL
INTELLIGENCE, UM, IN CALIFORNIA,
CODE ON TODAY WITH US WE HAVE
HAN SALANI, THE EXECUTIVE
DIRECTOR OF THE CALIFORNIA
PRIVACY PROTECTION AGENCY THAT
HAS BEEN WORKING ON A DEFINITION
. UM WE ALSO HAVE GERARD DE GRAF
EU SENIOR ENVOY FOR DIGITAL TO
THE U S¼, UM, EUROPEAN UNION
OFFICE IN SAN FRANCISCO. SO YOU
BOTH WANT TO JOIN US. AND UM I
JUST WANNA SAY HOW GRATEFUL I
AM. WE HAVE OUR PARTNERS FROM
THE EU HERE TO TALK ABOUT, UM
UH, THEY'VE BEEN THINKING ABOUT
THIS BECAUSE THE UA I ACT I
THINK IS A REAL OPPORTUNITY FOR
US TO LEARN. AND ONE OF THE
THINGS, UM THAT I SORT OF
BRIEFLY TOUCHED ON IN MY OPENING
REMARKS, BUT I THINK IS CRITICAL
FOR CALIFORNIA'S COMPANIES THAT
I THINK ALL OF WHICH OPERATE IN
AN INTERNATIONAL WAY IS FOR US
TO WORK ON CONSISTENCY SO THAT
THE REGULATORY REGIME IS
FEASIBLE FOR THEM AND SO
OBVIOUSLY WORKING WITH EU TO
UNDERSTAND WHAT THEY'VE DONE, I
THINK IS A CRITICAL PIECE OF
THAT. SO WITH THAT WE WANNA
START. KHAN. WOULD YOU LIKE TO
START? THERE SHOULD BE AN ON
BUTTON READY. THERE YOU GO.
GREAT. THANK YOU. UM THANK YOU.
ALL MY NAME IS ASH SULTANI. I'M
THE EXECUTIVE DIRECTOR OF THE
CALIFORNIA PRIVACY PROTECTION
AGENCY. APPRECIATE. TO A BAR
KHAN AND MEMBERS OF THE
COMMITTEE THE OPPORTUNITY TO BE
HERE TO DISCUSS THE AGENCY'S
WORK WITH RESPECT TO AUTOMATED
DECISION MAKING AND ARTIFICIAL
INTELLIGENCE AND SPECIFICALLY
OUR WORK TO DEFINE THOSE TERMS.
THE AGENCY'S MISSION IS TO
PROTECT THE FUNDAMENTAL RIGHTS
THE PRIVATE FUNDAMENTAL PRIVACY
RIGHTS OF CALIFORNIANS WITH
RESPECT TO THE USE OF THEIR
PERSONAL INFORMATION.
SPECIFICALLY WE'RE TASKED WITH
THE IMPLEMENTATION AND
ENFORCEMENT OF THE NATION'S
FIRST COMPREHENSIVE PRIVACY LAW,
THE CALIFORNIA CONSUMER PRIVACY
ACT. AS AN EXPERT AGENCY. AND
ONE THAT IS DIRECTED BY STATUTE
TO PROVIDE TECHNICAL ASSISTANCE
TO THE LEGISLATURE ON PRIVACY
ISSUES. WE'RE HERE TO BE A
RESOURCE. I LOOK FORWARD TO
WORKING WITH YOU ALL ON THESE
TOPICS. I SHOULD NOTE THE
OPINIONS I SHARE HERE TODAY ARE
MY OWN AND DO NOT NECESSARILY
REFLECT THE VIEWS OF THE AGENCY
OR OUR FIVE MEMBER BOARD. BY WAY
OF BACKGROUND. OUR AGENCY WAS
CREATED AFTER CALIFORNIA VOTERS.
PROOF PROPOSITION. 24 THE èC PR
A, WHICH AMENDS AND EXTENDS THE
CALIFORNIA CONSUMER PRIVACY ACT
OF 2018. THE èC èC P A AS
AMENDED GIVES CALIFORNIA
CONSUMERS FUNDAMENTAL
PROTECTIONS REGARDING THE
COLLECTION AND USE OF THEIR
PERSONAL INFORMATION. INCLUDING
THE RIGHT TO ACCESS, DELETE,
CORRECT AND STOP THE SALE OF
THEIR PERSONAL INFORMATION.
PERSONAL INFORMATION IS ALSO
DEFINED QUITE BROADLY TO MEAN
INFORMATION THAT IDENTIFIES
RELATES TO DESCRIBES OR IS
REASONABLY CAPABLE OF BEING
ASSOCIATED WITH A PARTICULAR
CONSUMER. ALL THE PERSONAL
INFORMATION DOES NOT INCLUDE
PUBLICLY AVAILABLE INFORMATION.
CALIFORNIA WAS THE FIRST, UH IN
THE U S¼ TO PASS A CONSUMER
PRIVACY LAW AND STILL THE ONLY
STATE TO HAVE AN INDEPENDENT
REGULATOR GUARANTEED. UM SORRY.
WE STILL THE ONLY STATE TO HAVE
THESE PROTECTIONS GUARANTEED BY
OUR CONSTITUTION. OUR STATE
SPECIFICALLY SPECIFIES THAT OUR
LAW CAN BE AMENDED AS LONG AS
THOSE AMENDMENTS ARE IN FURTHER
AND SO THE PURPOSE AND INTENT OF
THE ACT TO STRENGTHEN CONSUMER
PRIVACY. THE èC èC P TAX CALL
FOR THE CONSUMERS BY IMPOSING
OBLIGATIONS ON CERTAIN
CALIFORNIA BUSINESSES THAT MEET
FOR EXAMPLE, OVER $25 MILLION IN
GROSS ANNUAL REVENUE SELLER
SHARE PERSONAL INFORMATION OF
100,000 OR MORE CALIFORNIA
CONSUMERS OR DERIVE 50% OR MORE
OF THEIR REVENUE FROM SELLING OR
SHARING CONSUMERS INFORMATION.
IMPORTANTLY THE AGENCY HAS THREE
KEY RESPONSIBILITIES, ISSUING
REGULATIONS AND FURTHERANCE OF
THE èC P, A ENFORCEMENT OF THE
èC P THROUGH ADMINISTRATIVE
ENFORCEMENT, AND WE SHARE THAT,
UH, ENFORCEMENT AUTHORITY WITH
THE ATTORNEY GENERAL WHO HAS
CIVIL ENFORCEMENT AND PROMOTING
PUBLIC AWARENESS OF CONSUMERS'
RIGHTS AND BUSINESSES.
RESPONSIBILITIES UNDER THE èC
èC P, A OUR AGENCY IS GOVERNED
BY A FIVE MEMBER BOARD THAT
CONSISTS OF EXPERTS IN PRIVACY,
TECHNOLOGY AND CONSUMER RIGHTS
WERE APPOINTED BY THE
LEGISLATURE, THE GOVERNOR AND
THE ATTORNEY GENERAL. THE FRONT,
JUST A BACKGROUND. THE BOARD WAS
FIRST ESTABLISHED IN MARCH OF
2021. SHORTLY THEREAFTER, THE
BOARD APPOINTED ME AS THE
EXECUTIVE DIRECTOR IN AUGUST OF
SORRY IN OCTOBER OF 2021. AND
PRIOR TO MY ROLE WITH THE
AGENCY. I SERVED AS THE CHIEF
TECHNOLOGIST AT THE FEDERAL
TRADE COMMISSION AND BRIEFLY IN
THE OBAMA WHITE HOUSE. OFFICE OF
SCIENCE AND TECHNOLOGY PRI. UH,
POLICY, HELPING TO SHAPE ITS
EARLY WORK ON PRIVACY AND
ARTIFICIAL INTELLIGENCE. I'VE
ALSO BEEN RECOGNIZED AS A
JOURNALIST. UH, AND SUCCESSFULLY
FOUND A TWO START-UPS, INCLUDING
ONE IN THE DATA, PRIVACY SPACE
AND ONE IN THE RECOMMENDATION.
SPACE MUSIC RECOMMENDATION SPACE
. I BEGAN THIS JOURNEY WITH AN
UNDERGRADUATE DEGREE IN
COGNITIVE SCIENCE IN THE LATE
NINETIES, WORKING ON EARLY
MACHINE LEARNING MODELS, THEN.
AND LASTLY, PRIOR TO MY
APPOINTMENT, THE BOARD INITIATED
AN INVITATION FOR PUBLIC
COMMENT. OTHERWISE KNOWN AS PRE
RULE MAKING IN SEPTEMBER, 2021
ON THE TOPICS OF PRIVACY AND
AUTOMATED DECISION MAKING. WELL
BEFORE EVEN THE PUBLIC RELEASE
OF CHA GP Tð. WITH RESPECT TO A
I THE VOTER BACK INITIATIVE
SPECIFICALLY DIRECTS OUR AGENCY
TO ISSUE REGULATIONS THAT GOVERN
ACCESS AND OPT OUT RIGHTS WITH
RESPECT TO BUSINESSES USE OF
AUTOMATED DECISION MAKING
TECHNOLOGY, INCLUDING PROFILING.
IT ALSO REQUIRES. UH, BUSINESSES
TO PROVIDE MEANINGFUL
INFORMATION ABOUT THE LOGIC
INVOLVED IN THAT DECISION MAKING
PROCESS AS WELL AS THE
DESCRIPTION OF THE LI LIKELY
OUTCOMES. UH, OF THOSE PROCESSES
WITH RESPECT TO CONSUMERS. THE
èC èC P A ALSO REQUIRES
BUSINESSES WHOSE PROCESS AND
CONSUMER UH, CONSUMERS. PERSONAL
INFORMATION PRESENTS A
SIGNIFICANT RISK TO CONSUMERS,
PRIVACY AND SECURITY TO PERFORM
A CYBER SECURITY AUDIT. ON AN
ANNUAL BASIS AND SUBMIT TO THE
CALIFORNIA PRIVACY PROTECTION
AGENCY A REGULAR ON A REGULAR
BASIS, A RISK ASSESSMENT WITH
RESPECT TO THEIR PROCESSING
PERSONAL INFORMATION. A TOPIC
THAT THE PREVIOUS SPEAKER, UH,
RECOMMENDED I NOTE THAT WHILE
THERE SUBSTANTIAL SIMILARITIES
TO THE G Dð PR ARE MANDATE IS
MUCH BROADER WITH RESPECT TO
AUTOMATED DECISION MAKING
TECHNOLOGY. AND WE TAKE THIS
RESPONSIBILITY VERY SERIOUSLY.
STAFF RECENTLY PUBLISHED OUR
LATEST REFINEMENTS TO THE DRAFT
REGULATORY FRAMEWORK. GOVERNING
CYBER SECURITY RISK ASSESSMENTS
AND AUTOMATED DECISION MAKING
JUST LAST WEEK IN ADVANCE OF A
BOARD MEETING ON MARCH EIGHTH.
THE DRAFT FRAMEWORK REFLECTS
NEARLY THREE YEARS OF WORK. AND
INFORMED BY NEARLY 900 PAGE OF
STAKEHOLDER INPUT. IN RESPONSE
TO OUR FIRST REQUEST FOR
PRELIMINARY COMMENTS IN 2021,
AND OVER 1000 PAGES OF RESPONSES
TO OUR REQUEST FOR COMMENTS IN
2020 THREE. IN ADDITION, WE ALSO
RECEIVE SUBSTANTIAL COMMENTS
PROVIDED DURING THREE DAY
STAKEHOLDER WORKSHOPS IN MAY OF
2022. THIS WORK WAS ALSO
INITIALLY SHAPED BY TWO MEMBER
SUB COMMITTEE CONSISTING OF THE
AGENCY'S LEGISLATIVE APPOINTEES.
FROM THE ASSEMBLY AND THE
SENATE, RESPECTIVELY. THE AGENCY
RELEASED ITS FIRST DRAFT
REGULATORY REGULATIONS ON THESE
TOPICS IN SEPTEMBER. 2023
UPDATED IN DECEMBER 2023 AND
HAVE MADE FURTHER REFINEMENTS IN
ADVANCE OF OUR UPCOMING BOARD
MEETING. ALL THESE MATERIALS,
INCLUDING THE EARLIER DRAFTS,
AND PUBLIC COMMENT ARE AVAILABLE
ON OUR WEBSITE. NOW AND I'M
GONNA PROVIDE A BRIEF OVERVIEW
OF THE FRAMEWORK. BUT I'D LIKE
TO, AND I'D LIKE TO START WITH
KEY TO DEFINITIONS. HOWEVER, AS
I DESCRIBED THE CPA'S DRAFT
FRAMEWORK PLEASE NOTE THAT THIS
IS ONLY A PROPOSED REGULATORY
TEXT AT THIS STAGE AND REMAINS
SUBJECT TO FURTHER AMENDMENT BY
THE BOARD. INCLUDING AT THE
UPCOMING BOARD MEETING IN MARCH.
FIRST. I'D LIKE TO EXPLAIN THE
AGENCY'S OVERALL APPROACH IN
DRAFTING THESE DEFINITIONS.
WELL, WE JUST HEARD A I IS AN
EXPANSIVE CONCEPT. AND INCLUDES
A MANY, MANY DIFFERENT
APPLICATIONS. THE èC P, A S¼
DRAFT FRA MEWORK ON FOCUSES ONLY
ON CERTAIN ACTIVITIES THAT
SHOULD TRIGGER A SUBSTANTIAL
REQUIREMENTS. OUR INTEREST IS IN
THE NEXUS OF A I AND AUTOMATED
DECISION TAKE DECISION MAKING
TECHNOLOGY. SPECIFICALLY THE
CATEGORIES OF MACHINE BASED
DECISION MAKING THAT POSES A
SIGNIFICANT RISK TO CONSUMERS,
PRIVACY AND SECURITY. AS SUCH
THE AGENCY'S DEFINITION OF
ARTIFICIAL INTELLIGENCE CLOSELY
TRACKS THE Ó E èC Dð, REV
REVISED DEFINITION OF A I AS IT
IS INTENDED TO BE FLEXIBLE AND
ACCOMMODATE TECHNOLOGICAL
DEVELOPMENTS. AND BE CONSISTENT
WITH OTHER FRAMEWORKS. INCLUDING
THE N A. I FRAMEWORK THE EU
PARLIAMENT'S PROPOSED PROPOSAL
FOR THE EU A. I ACT AND THE
WHITE HOUSE EXECUTIVE ORDER ON
SAFE, SECURE AND TRUSTWORTHY
DEVELOPMENT AND USE OF A I
AGENCIES PROPOSALS. THE AGENCY
HAS PROPOSED DEFINITION OF
ARTIFICIAL INTELLIGENCE MEANS A
MACHINE BASED SYSTEM THAT INFERS
FROM INPUT IT RECEIVES. HOW TO
GENERATE OUTPUTS THAT CAN
INFLUENCE PHYSICAL OR VIRTUAL
ENVIRONMENTS. THE AIR MAY DO
THIS TO RECEIVE ACHIEVE EXPLICIT
OR IMPLICIT OBJECTIVES. OUTPUTS
CAN INCLUDE PREDICTIONS,
CONTENT, RECOMMENDATIONS OR
DECISIONS. THE FRAMEWORK
ACCOMMODATES VARIOUS LEVELS OF
AUTONOMY AND ADAPTIVE AFTER
DEPLOYMENT. AND WE CLARIFY THAT
A I INCLUDES GENERATIVE MODELS
SUCH AS LLM S¼. I CAN LEARN FROM
INPUTS AND CREATE NEW OUTPUTS
SUCH AS TEXT IMAGES, AUDIO,
VIDEO OR FACIAL AND SPEECH
RECOGNITION. HOWEVER THE PRIMARY
OB OBLIGATIONS THAT FALL ON A I
ARE THOSE THAT ARE USED TO MAKE
DECISIONS ABOUT INDIVIDUALS THAT
HAVE A SIGNIFICANT EFFECT. THIS
CAN INCLUDE PROFILING
INDIVIDUALS OR SUSTAIN OR THOSE
FACTS THAT SUBSTANTIALLY
FACILITATE OR REPLACE HUMAN
DECISION MAKING. THAT IS USED TO
MAKE A SIGNIFICANT DECISION.
SUCH AS ACCESS TO EMPLOYMENT,
EDUCATION OR OTHER ESSENTIAL
GOODS AND SERVICES. THIS
APPROACH ALLOWS US TO FOCUS ON
THE MOST IMPACTFUL OR
SIGNIFICANT HARM STEMMING FROM
AUTOMATED DECISIONS MAKING
SYSTEMS WHILE MAINTAINING AN
UNDERLYING FRAMEWORK THAT CAN
ALLOW INNOVATION AND ADAPT AS
NEW CONCERNS EMERGE. THIS
FRAMEWORK ALSO REQUIRES
BUSINESSES TO PROVIDE MEANINGFUL
NOTICE. CONSUMERS WHEN THEY
ENCOUNTER AUTOMATED DECISION
MAKING TECHNOLOGIES. AND IN MOST
CIRCUMSTANCES. PERMIT OPT OUT OF
THE USE OF IT OR REQUEST HUMAN
APPEAL EVALUATION EVALUATION
NECESSARY CASES OF SIGNIFICANT
EMPLOYMENT OR EDUCATIONAL
DECISIONS. NOTE THAT THERE ARE
STILL A GREAT NUMBER OF CONCERNS
WITH RESPECT TO A I THAT FALL
OUTSIDE OF AUTOMATED DECISION
MAKING. AND YET. MANY OF WHICH
WE CAN ADDRESS USING OUR
EXISTING PRIVACY FRAMEWORK. THE
PLUS IS PLACES LIMITS ON THE
COLLECTION, USE, RETENTION AND
SHARING OF P I WHICH WE ALSO
HEARD EARLIER. FOR EXAMPLE,
COMPANIES ARE REQUIRED TO EMPLOY
DATA IMMUNIZATION PRINCIPLES,
PURPOSE LIMITATION PRINCIPLES.
ON THE COLLECTION AND USE OF P I
AND PERMIT CONSUMERS TO DELETE
THEIR PERSONAL INFORMATION UPON
REQUEST. OUR RISK ASSESSMENT
FRAMEWORK FURTHER REQUIRES
BUSINESSES TO EVALUATE THE RISKS
TO CONSUMERS, PRIVACY AND
SECURITY PRIOR TO DEVELOPING OR
DEPLOYING A I SYSTEMS, INCLUDING
WHEN TRAINING MODELS THAT CAN BE
USED TO PROFILE CONSUMERS OR
DEVELOP DEEP FAKES. THE FINE IS
MANIPULATED OR SYNTHETIC MEDIA
DEPICTING A PERSON SAYING OR
DOING THINGS THAT ARE PRESENTED
AS TRUTHFUL BUT ARE NOT SO. I
OFTEN JOKE THAT THERE'S NÓ A I
WITHOUT P. I AND IN FACT, IP,
ALTHOUGH THAT'S A DISCUSSION FOR
ANOTHER PANEL. WHILE THERE ARE
CERTAINLY INSISTED OF AND OF
DEVELOPMENT AND DEPLOYMENT OF A
I THAT FALL OUTSIDE THIS
FRAMEWORK OUR AGENCY IS DIRECTED
BY THE VOTERS TO VIGOROUSLY
PROTECT THEIR RIGHTS. IN
INSTANCES WHERE THE INFORMATION
WHERE THEIR INFORMATION IS USED
IN WAYS THAT NEGATIVELY IMPACT
THEM. LASTLY TWO FINAL QUICK
POINTS. THE TITLE OF THIS PANEL
IS MYTHS. MAGIC. AND MACHINE
LEARNING. AS THIS BODY
CONTEMPLATES SOLUTIONS TO GOVERN
THIS RADICALLY EMERGING FIELD.
I'D BE REMISS NOT TO MENTION
THAT WITHOUT A SKILLED PIPELINE
OF EXPERTS IN THIS FIELD, THE
GOVERNMENT WON'T ALWAYS BE AT A
SIGNIFICANT DISADVANTAGE WITH
RESPECT TO THE OVERSIGHT OF
THESE TECHNOLOGIES. I'VE SEEN
THIS PLAY OUT REPEATEDLY IN
GOVERNMENT AND WITH RARE
EXCEPTION UNLESS YOU 1ST 1ST
ADDRESS THE SKILLS, GAP AND
RECRUITMENT GAP. THIS BODY AND
AGENCIES LIKE OURS WILL BE
CONTINUALLY ILL SUITED TO ENGAGE
MEANINGFULLY ON THESE ISSUES.
WE'VE BEEN LUCKY IN THAT OUR THE
INITIATIVE. THE VOTER INITIATIVE
GRANTS A CERTAIN UNIQUE ROLES,
SUCH AS A CHIEF AUDITOR THAT CAN
PROVIDE MEANINGFUL OVERSIGHT OF
BUSINESS. USE OF PERSONAL
INFORMATION IN A Dð M Tð. BUT
WITHOUT NEW CIVIL SERVICE
CLASSIFICATIONS AND IMPROVEMENTS
TO HIRING THE OVERALL KNOWLEDGE
GAP WILL BE INCREDIBLY LIMITED.
SECOND EVEN AS HIS BODY
CONTEMPLATES SAFEGUARDS WITH THE
SURROUNDING GOVERNMENTS. USE OF
A I. IT'S IMPORTANT TO POINT OUT
THAT IT'S NOT TYPICALLY
GOVERNMENTS DEVELOPING THESE
TECHNOLOGIES. THE SKILLS, THE
DATA AND THE SHEER COMPUTE POWER
NECESSARY TO ARCHITECT AND TRAIN
. THESE SYSTEMS SURPASS THE
RESOURCES OF THE GOVERNMENTS
HAVE EVEN WITH BALANCE COFFERS.
AS MINDFUL THAT FUNDAMENTALLY,
IT'S REGARDING THE DEVELOPERS,
WHICH ARE LIMITED TO A HANDFUL
OF MULTINATIONAL FIRMS THAT
ULTIMATELY BUILT THE FOUNDATION
MODELS THAT EVERYONE RELIES ON.
SO AS WE APPROACH GOVERNANCE,
EVEN FOR GOVERNMENT'S USE OF A I
, WE SHOULD BE CLEAR THAT WE ARE
ALSO REGULATING COMMERCIAL USES
AS WELL. THANK YOU. THANK YOU. I
THINK YOUR POINT IS VERY WELL
TAKEN THAT WE NEED THE TALENT.
IN GOVERNMENT TO DO THIS RIGHT.
SO ANYONE WHO'S WATCHING AND
WANTS TO JOIN US. WE NEED ALL
THE TALENT WE CAN GET. THANK
YOU. GOOD AFTERNOON, MADAM CHAIR
MEMBERS OF THE COMMITTEE. IT'S
AN HONOR TO BE HERE. THANK YOU
FOR THE INVITATION. MY NAME. I'M
SENIOR ENVOY FOR THE EUROPEAN
UNION TO THE UNITED STATES ON
DIGITAL, AND I'M ALSO THE HEAD
OF THE EU OFFICE IN SAN
FRANCISCO. UM. BEFORE I WORKED
IN THE EUROPEAN COMMISSION IN
BRUSSELS AND INTER ALIA ON THE
DIGITAL SERVICES ACT, THE
DIGITAL MARKETS ACT AND ALSO ON
THE A. I ACT. I THINK IT'S
IMPORTANT TO SAY FROM THE OUTSET
THAT THE A. I IS GLOBAL. THE
TECHNOLOGY IS GLOBAL. THE
COMPANIES THAT ARE OPERATING IN
THIS SPACE ARE GLOBAL. THE
OPPORTUNITIES ARE GLOBAL AND THE
RISKS. A RE GLOBAL. AND SO WHEN
THE EU STARTED TO DESIGN ITS
FRAMEWORK, IT WAS VERY MINDFUL
OF THE FACT THAT IT WAS MOVING
AS A FIRST MOVER INTO THIS SPACE
, BUT THAT ULTIMATELY A LOT OF
OTHER COUNTRIES AND
JURISDICTIONS WOULD FOLLOW THE
EU AND THEREFORE WE ARE VERY
INTERESTED IN IN ALIGNMENT, AND
WE WERE THINKING ABOUT HOW TO
DEVISE AN, UH UH, AN INSTRUMENT.
UH, A MEASURE THAT ACTUALLY KIND
OF CAN BECOME A MODEL FOR THE
REST OF THE WORLD TO FOLLOW MUCH
LIKE THE G Dð PR BECAME A MODEL
FOR THE REST OF THE WORLD TO
FOLLOW IN THE AREA OF DATA
PROTECTION. AND SO WE A RE VERY
KEEN TO WORK INTERNATIONALLY AND
ALSO TO WORK WITH THE STATE OF
CALIFORNIA. VERY PLEASED WITH
THE EXCELLENT COOPER OPERATION
THAT WE HAVE ALREADY BUILT UP
WITH THE STATE OF CALIFORNIA. I
CAN TELL YOU THAT OUR COLLEAGUES
IN BRUSSELS ARE FOLLOWING VERY
CLOSELY WHAT YOU'RE DOING IN
CALIFORNIA. THEY'RE FULLY AWARE
OF THE BILLS THAT YOU HAVE
INTRODUCED AND THEY A RE VERY
INTERESTED IN IN IN THESE BILLS,
AND I N I N, UH FURTHER COOPER
OPERATION. WE PREPARED A FEW
SLIDES. MAYBE THEY CAN BE PUT ON
THE SCREEN. I'M I'M GOING TO TRY
TO KEEP IT AS SIMPLE AS
POSSIBLE. I'M NOT SURE I. I CAN
MEET THE APPLE AND TOMATO TEST,
BUT I WILL. I WILL. I WILL DO MY
BEST. I THINK FIRST OF ALL,
MAYBE JUST GIVE A SLIGHT UH,
QUICK OVERVIEW OF WHAT THE EU A
I ACT IS ABOUT BEFORE WE THEN
DIVE INTO THE DEFINITION, WHICH
IS, OF COURSE, CRITICAL. UH, AS
I MENTIONED MAYBE THIS THE NEXT
SLIDE IS, IS THERE YEAH. I MEAN,
I IT IS THE WORLD'S FIRST AND
MOST COMPREHENSIVE, LEGAL, FLA
FRA MEWORK ON A I. IT'S BINDING
RULES. A AND IT'S BASED ON THE
PREMISE THAT A I CAN BRING MANY
POSITIVE CHANGES, UH TO U S¼ TO,
TO EUROPEAN UNION AND TO THE
WORLD. THE EU IS DEFINITELY NOT
A I, UH BUT THERE'S ALSO, UH, A
NEED FOR SOME SAFEGUARDS. UM
THAT A RE NECESSARY TO PROTECT
OUR FUNDAMENTAL RIGHTS. WE HAVE
A TRADITION IN THE EUROPEAN
UNION TO FOLLOW PRODUCT SAFETY
RULES. UM BECAUSE THAT HELPS THE
FREE CIRCULATION OF GOODS. I N
THE INTERNAL MARKET. THAT IS OUR
MARKET. IT MARKETED CONSISTENT
OF 27 MEMBER STATES AND 450
MILLION USERS, AND THAT'S THE
APPROACH THAT WE'VE FOLLOWED
ALSO FOR A I SO IT'S A PRODUCT
SAFETY REGULATION, ENSURING THAT
A I PRODUCTS AND SERVICES THAT A
RE PUT ON TO THE EU MARKET ARE
TRUSTWORTHY AND SAFE, MUCH LIKE
A LAWN MOWER THAT IS PUT ON THE
EU MARKET OR A DISHWASHER THAT'S
PUT ON THE EU MARKET. WE WANT
THESE PRODUCTS TO BE SAFE AND
TRUSTWORTHY AND NOT TO POSE
RISKS TO THE USERS. I THINK, AS
WAS SAID BEFORE, BY PROFESSOR
NÓ. WE HAVE FOLLOWED A RISK
BASED APPROACH AND THIS IS
IMPORTANT THAT WE REGULATE
ACCORDING TO RISK SO ONLY HIGH
RISK USE CASES FACE STRICT RULES
AND OFTEN, I MEAN, WHEN I'M HERE
IN THIS COUNTRY OFTEN, PEOPLE
SAY, ARE YOU REGULATE A I? YES
WE DO. BUT WE REGULATE
EFFECTIVELY ONLY 10 OR 15% OF
LIKE A I WHEN IT IS USED. I N
PARTICULAR CASES THAT THERE A RE
THAT THERE IS RISK AND I WILL
COME TO THAT A LITTLE BIT. BASED
IT LATER. WE ALSO DO NOT
REGULATE THE TECHNOLOGY. AS SUCH
, UH, WE A RE TECHNOLOGY NEUTRAL
. WE REGULATE THE USE OF THE
TECHNOLOGY IN A PARTICULAR
CONTEXT. SO WHEN A I IS USED IN
HEALTH CARE, YES, WE THINK THERE
ARE PARTICULAR RISKS THAT NEED
TO BE TAKEN INTO ACCOUNT WHEN A
I IS USED IN, FOR EXAMPLE, THE
ATTRIBUTION OF SOCIAL SECURITY
BENEFITS. WE THINK THERE ARE
CERTAIN RISKS OF BUYERS AND THAT
THEREFORE NEEDS TO BE NEEDS TO
BE REGULATED WHEN A I IS USED. I
N BY LAW ENFORCEMENT. WE THINK
THERE A RE CIVIL LIBERTIES THAT
NEED TO BE PROTECTED. SO WE LOOK
A Tð PARTICULAR USE CASES AND
THE U THE USE OF THAT
TECHNOLOGY. I N THOSE. I N
THOSE CASES. OVERALL THE EU
THINKS THAT THE FRA MEWORK OR
THE BELIEVES THAT THE FRA MEWORK
WILL HELP. GROWTH OF A I THE USE
OF A I. I N I N THE EU.
BECAUSE IF YOU DO SURVEYS, I N
THE EUROPEAN UNION. AND I DON'T
THINK IT IS MUCH DIFFERENT IN
THIS COUNTRY. AS YOU FIND THAT
ABOUT 50% OF PEOPLE DON'T TRUST
A I VERY MUCH AND WE BELIEVE
THAT A MARKET WHERE ABOUT HALF
OF THE POTENTIAL CUSTOMERS DON'T
HAVE TRUST IN THE TECHNOLOGY IS
NOT A MARKET THAT IS GOING TO
GROW VERY FAST. VERY VERY BIG,
SO TO PUT KIND OF TRUST AND
HUMAN CENTRIC, A I AT THE CENTER
OF THE EUROPEAN APPROACH. WE
ACTUALLY THINK THAT IS PRO
GROWTH AND PRO INNOVATION, PRO
RESPONSIBLE INNOVATION AND ALSO
CREATING A LEVEL PLAYING FIELD.
MAYBE WE CAN GO GO TO THE, UH,
THE KEY PRINCIPLES BEHIND THE
DEFINITION BECAUSE THE
DEFINITION IS, OF COURSE,
ABSOLUTELY CRITICAL BECAUSE IT
DEFINES THE SCOPE. OF THE
INSTRUMENT. AND THERE'S THREE
PRINCIPLES THAT KIND OF HAVE
KIND OF SHAPED THE DEFINITION.
UH, THAT THAT, UH, YOU CAN FIND
I N THE EU A. I ACT THAT, LIKE
IT'S BEEN POLITICALLY AGREED IT
WILL BE ADOPTED IN THE MIDDLE OF
APRIL, AND THEN IT WILL BE
ENTERING INTO APPLICATION. UH,
BY THE END OF APRIL, BEGINNING
OF MAY. FIRST IS LEGAL CERTAINTY
. WE IN THE EUROPEAN UNION. WE
HAVE 27 MEMBER STATES A BIT LIKE
THE U S¼ WITH 50 STATES. I MEAN
THEY REGULATE THE MEMBER STATES
REGULATE THEIR REGULATING IN
DIFFERENT WAYS. AND SO IF WE
HAVE A SITUATION WHERE THE
DEFINITION IS DIFFERENT FROM ONE
STATE TO ANOTHER, THIS CREATES
PROBLEMS FOR THE FREE
CIRCULATION OF A I AND OF GOODS.
I N GENERAL AND THEREFORE THERE
IS AN INTEREST IN HAVING A
SINGLE DEFINITION FOR THE WHOLE
TERRITORY OF THE OF THE EUROPEAN
UNION BECAUSE THAT JUST PROMOTES
CERTAINTY, AND PARTICULARLY, I
N AN AREA WHERE IT DOES MASSIVE
INVESTMENTS IN A I AND
DEVELOPERS ARE DEVELOPING. A I
SOLUTIONS. PREDICTABILITY IS
CRITICAL. WE ALSO BELIEVE FROM A
LEGAL CERTAINTY. POINT OF VIEW
THAT YOU MUST NOT DEFINE A I. I
N A TOO BROAD MANNER, BUT ALSO
NOT. I N A TOO NARROW MANNER WE
DON'T WANT TO OVER REGULATE. WE
DON'T BELIEVE THAT EVERY
IMAGINABLE AUTOMATED DECISION
TOOL SHOULD BE COVERED AS AN A.
I. UM SO THE TWO KIND OF TO GET
THAT THE DEFINITION ABSOLUTELY
RIGHT IS CRITICAL. AND THERE'S
BEEN A LOT OF TIME SPENT IN THE
NEGOTIATION ON GETTING THE THAT
DECISION RIGHT? AND THAT
DEFINITION, RIGHT? WELL, THE
SECOND POINT I ALREADY MADE. WE
WERE QUITE MINDFUL THAT WE WERE
PUTTING LIKE WE WERE WERE
TRAILBLAZERS HERE. WE'RE
PIONEERS AND THAT WHAT WE WOULD
BE PUTTING FORWARD WOULD BE A
SOURCE OF INSPIRATION FOR OTHER
COUNTRIES AND JURISDICTIONS
AROUND THE WORLD TO FOLLOW, SO
WE WERE VERY MUCH INSPIRED. BY
LIKE INTERNATIONAL WORK, AND SO
WE'VE WORKED VERY CLOSELY. I N
THE Ó E èC Dð. THE DEFINITION
HAS ALREADY BEEN REFERRED TO.
IT'S CERTAINLY AT THE CORE OF
THE EU'S DEFINITION. WE HAVE
WORKED VERY CLOSELY IN THE G7
AND IN THE G 20 UNITED NATIONS
WE HAVE WITH THE U S¼, A TRADE
AND TECHNOLOGY COUNCIL, WHERE
THESE ISSUE AND ALSO THE
DEFINITION HAS BEEN EXTENSIVELY
DISCUSSED. SO THE EU HOPE IS
THAT WITH THE DEFINITION, WHICH
I N OUR IS BASED ON LIKE THE
GLOBAL DISCUSSIONS THAT WE'VE
HAD A GOOD BASIS FOR OTHER
JURISDICTIONS TO ALIGN
THEMSELVES TO THAT. THEIR
DEFINITION. THE THIRD ELEMENT AS
I MENTIONED ALSO IS WE N WE
NEED TO PROVIDE FOR A DEGREE OF
FLEXIBILITY. THE TECHNOLOGY IS
MOVING VERY FAST. UH AGAIN IF WE
IF WE HAVE A TOO FIXED OR TOO
RIGID DEFINITION, IT WILL BECOME
OUTDATED RATHER QUICKLY, AND I
THINK THE IMPLICATION IS THAT
THE DEFINITION SHOULD
ACCOMMODATE AND THIS IS LIKE A
BIT OF A SEGUE INTO THE NEXT
SLIDE FOR VARYING LEVELS.
VARYING LEVELS OF AUTONOMY,
ADAPTIVE AND INTELLIGENCE. AND
THIS BRINGS ME TO IF TO THE Ó E
èC Dð DEFINITION AND THE
EUROPEAN A. I DEFINITION OF A I
SYSTEMS. IT'S MAYBE A LITTLE BIT
COMPLICATED TO READ, BUT I THINK
WHAT? WHAT? WHAT IT STANDS OUT.
UH, A Tð. THE MAIN POINT IS THAT
THE DEFINITION ADOPTED I N THE
UA I ACT IS CLOSELY ALIGNED WITH
THE Ó E èC Dð DEFINITION.
THERE'S A NUMBER OF CORE
ELEMENTS. ONE IS AUTONOMY. THE
OTHER ONE IS ADAPTIVE. THEN YOU
HAVE EXPLICIT IMPLICIT
OBJECTIVES AND INFERENCE.
THEY'RE THE SAME, AND I WILL
COME TO THAT AND GIVE A FEW
EXAMPLES. LIKE WHAT THAT MEANS.
I N PRACTICE. I THINK WHAT IS
NOTEWORTHY IS THAT THE Ó E èC
Dð DEFINITION, WHICH DATES BACK
TO 2019 HAS RECENTLY BEEN
UPDATED LAST SUMMER. IT WAS
UPDATED AND IT IT'S CLEARER ON
THE NUMBER OF ELEMENTS
PARTICULARLY ELEMENT OF
INFERENCE, WHICH IS CRUCIAL. I
N THE EU'S DECISION ALSO TO
ADOPT THE Ó E èC Dð.
DEFINITION BECAUSE IT RAISED THE
THRESHOLD SOMEWHAT AND MAKES
THAT NOT EVERY AUTOMATED
DECISION TOOL IS COVERED. AND
ALSO THE IMPLICIT OBJECTIVES. I
MEAN, WE SEE I N SOME OF THE
BILLS THAT HAVE BEEN INTRODUCED
BEFORE THE LEGISLATURE HERE. I
N CALIFORNIA. IT IS HUMAN
DEFINED OBJECTIVES. SO THESE ARE
LIKE WHAT? WHAT IS CALLED
EXPLICIT OBJECTIVES. WE BELIEVE
THAT ALSO OBJECTIVES THAT WERE
NOT HUMAN DEFINED, BUT THAT KIND
OF THE SYSTEM ITSELF DEVELOPS AS
IT IS, UH, DEPLOYED SHOULD BE
COVERED UNDER THE DEFINITION. SO
IMPLICIT OBJECTIVES, WHICH HAS
BEEN KIND OF, UH, A ADDED TO THE
Ó E èC Dð DEFINITION IS
IMPORTANT. FOR US IN TERMS OF
THE DRAFTING. YOU SEE SOME
DIFFERENCES I N DRAFTING. THAT
IS BECAUSE WE A RE DRAFTING A
LEGAL INSTRUMENT. WE HAVE OUR
OWN TRADITIONS OF DRAFTING
ILLEGAL INSTRUMENT IN THE
EUROPEAN UNION. THE Ó E èC Dð
TEXT AND THE DEFINITION IS MORE
OF A POLICY TEXT, SO IT'S NOT
KIND OF SUBSTANTIVE. IT IS
PRESENTATIONAL. THE CHANGES. UH,
I N I N THE DEFINITION. MAYBE
WE CAN GO TO THESE FOUR Kò KIND
OF COMPONENTS OF THE DEFINITION.
AND THEN LOOK WHAT IT MEANS. I
N PRACTICE WHAT WHAT IS THEN
COVERED OR NOT COVERED AS A
RESULT OF KIND OF TAKING THESE
COMPONENTS, AND THAT'S THE NEXT
SLIDE. SO YOU HAVE, LIKE VARYING
LEVELS OF AUTONOMY. AND I THINK
THE KEY POINT HERE IS THAT THERE
NEEDS TO BE SOME DEGREE OF
INDEPENDENCE FROM HUMAN
INVOLVEMENT. YEAH. THE EXACT
LEVEL OF AUTONOMY MAY VARY. YEAH
IF YOU FOR EXA MP, IF YOU IF YOU
TAKE AWAY MORE CAR I N SAN
FRANCISCO. IT IS MORE AUTONOMOUS
THAN IF YOU DRIVE. I N I N A
TESLA. SO THE DEGREE OF AUTONOMY
MAY VARY, BUT THERE NEEDS TO BE
SOME KIND OF INDEPENDENCE FROM
HUMAN INVOLVEMENT. SO WHAT WE
ARE EXCLUDING BY PUTTING IN
VARYING LEVELS OF AUTONOMY, OUR
SYSTEMS THAT HAVE NÓ ABILITY TO
OPERATE WITHOUT HUMAN
INVOLVEMENT. AND THAT IS, FOR
EXAMPLE, AUTOMATED CREDIT SCORE
CARDS FOR LOAN GRANTS BECAUSE
THEY A RE PROGRA MMED ON THE
BASIS OF PREDEFINED CRITERIA, SO
IT'S BASICALLY ONE PLUS ONE IS
TWO. THIS IS NOT WHERE AN A I
MODEL KIND OF JUST MAKES AN
INFERENCE. IT IS BASICALLY
EXECUTING CRITERIA OR
INSTRUCTIONS THAT WERE GIVEN BY
A HUMAN SO THAT WOULD NOT BE
COVER IT UNDER THE EU A. I ACT
BECAUSE IT HAS NÓ AUTONOMY. IT
IS NOT INDEPENDENT FROM HUMAN
INVOLVEMENT. THE SECOND FACTOR
IS MAY EXHIBIT ADAPTIVE AFTER
DEPLOYMENT. AND THE
CONSIDERATION HERE IS THAT A I
SYSTEMS MAY CONTINUE TO EVOLVE
AFTER THEIR DESIGN. IT'S NOT A
HARD REQUIREMENT BECAUSE IT SAYS
IT MAY BUT IT MAY ALSO NOT
EXHIBIT ADAPTIVE, BUT WE THINK
ADAPTIVE IS IMPORTANT. AND IF
YOU LOOK A Tð CERTAIN EXAMPLES
LIKE VOICE RECOGNITION SYSTEMS
ADAPT TO A USER'S VOICE. UH,
RECOMMENDER SYSTEMS. IT WAS
TALKED ABOUT HERE. WHEN WE WATCH
NETFLIX OR WE LISTEN TO SPOTIFY.
THEY ADAPT TO OUR INDIVIDUAL
PREFERENCES. ONCE THEY A RE.
THEY'RE DEPLOYED. SO THIS
ADAPTIVE AFTER DEPLOYMENT FOR U
S¼ IS AN IMPORTANT ELEMENT. I N
TERMS OF THE DEFINITION AND
THEREFORE ALSO FOR THE SCOPE.
THE THIRD POINT, A RE ALREADY
HINTED A Tð, WHICH IS HIS
EXPLICIT OR IMPLICIT OBJECTIVES.
IN MANY CASES, OF COURSE, THE
DEVELOPER PROGRA MMES THE
OBJECTIVES OF THE SYSTEM. BUT
THERE A RE ALSO SITUATIONS WHERE
THE SYSTEM ITSELF. DEVELOP NEW
OBJECTIVES THAT WERE NOT
EXPLICITLY PROGRA MMED AT THE
TIME OF LIKE THE DESIGN OR THE
DEVELOPMENT OF THE A I SYSTEM
AND AN EXAMPLE OF THAT IS A SELF
DRIVING CAR, WHICH IS, OF COURSE
, PROGRAMMED AND AGAIN.
FRANCISCO IS A GOOD EXAMPLE TO
COMPLY WITH THE TRAFFIC RULES IN
SAN FRANCISCO. THAT'S AN
EXPLICIT OBJECTIVE, BUT THAT CAR
THAT IS DRIVING AROUND IN SAN
FRANCISCO CAN ALSO ITSELF
OPTIMISE ITS DRIVING BEHAVIOR,
FOR EXAMPLE, FOR FUEL EFFICIENCY
OR PASSENGER COMFORT. THIS IS
NOT NECESSARILY SOMETHING THAT
THE PROGRAMMER MAY HAVE
PROGRAMMED, BUT IT IS SOMETHING
THAT THE CAR ITSELF DEVELOPS AS
AN OBJECTIVE, SO THAT'S AN
IMPLICIT OBJECTIVE THAT ONLY
KIND OF MATERIALISES ONCE THE
SYSTEM IS DEPLOYED, AND
THEREFORE WE BELIEVE IT'S
IMPORTANT TO COVER BOTH EXPLICIT
AND IMPLICIT OBJECTIVES. BUT THE
LAST POINT POINT FOUR IS
INFERENCE. AND THAT'S FOR U. S¼
IS A CRITICAL ELEMENT, A
CRITICAL ASPECT OF A I SYSTEMS
AND INFERENCE RELATES TO THE
SECOND STAGE OF HOW A I SYSTEMS
WORK. UH, I N WHAT I MEAN, WE
TALKED EARLIER, PROFESSOR. NONE
TALKED ABOUT MACHINE LEARNING.
SO HOW PROGRA MMES A RE TRAINED
THIS IS ABOUT LIKE WHAT HAPPENS
ONCE PROGRA MMES HAVE BEEN
TRAINED. UH, INFERENCE MEANS
THAT AN A I SYSTEM CLASSIFIES
THE INPUT. IT GETS THE TOMATO
PICTURE OR THE APPLE PICTURE AND
THEN GENERATES A RESULT. AND SO
IT IS BASED ON THE MODELS AND
THE ALGORITHMS IT HAS DEVELOPED
DURING THE TRAINING. AND SO IF
YOU TAKE AN EXAMPLE FOR EXA MP,
I N I N I N MEDICAL, UM,
TREATMENT. I MEAN, THE EYE
SYSTEM CAN ANALYZE PICTURE OF
MELANOMA OR OTHER SKIN DISEASES
BASED ON MEDICAL IMAGES. IT HAS
BEEN TRAINED ON AND THE SYSTEM
WILL THEN OUTPUT WHETHER THE
PERSON IS LIKELY TO HAVE THAT
DISEASE OR NOT, AND THAT WOULD
THEREFORE BE COVERED BECAUSE
THERE'S AN INFERENCE, UM, MADE
BY THE A. I SYSTEM. WHAT IS NOT
COVERED IS WHERE THE SYSTEM
DOESN'T MAKE AN INTERFERENCE.
AND AN A SIMPLE EXA. MLE IS LIKE
THIS. THE SPELL CHECKER Ó ON ON
ON YOUR, UH, IPAD OR ON YOUR
IPHONE IT IT IS SIMPLY CONNECTED
TO LIKE DICTION. AND IT CHECKS
WHERE THE SPELLING IS CONFORMED
TO LIKE HOW IT SHOULD BE. I N
THE DICTIONARY, AND IF IT'S NOT,
IT WILL CORRECT IT FOR YOU, UM
THE EXCEL OUT OF SOME FILES FOR
EXA MLE. I MEAN, YOU YOU INPUT
DATA, AND THEN THE EXCEL FILE
KIND OF GIVES YOU AN OUTCOME,
AND THAT'S NOT INFERENCE. IT IS
AGAIN. SIMPLY ONE PLUS ONE IS
TWO OR AN AUTOMATED TRIAGE
SYSTEM FOR MEDICAL TREATMENTS,
WHICH IS FULLY BASED ON PRE
PREDEFINED RULES. SO, UH, FOR
EXA MPLES YOUR AGE OR YOUR
MEDICAL HISTORY OR RESOURCE
AVAILABILITY LEADS TO A
PRESCRIBED MEDICAL TREATMENT
THAT WAS PRE PROGRAMMED, SO
THERE'S NÓ INFERENCE. SO
INFERENCE FOR THE EUROPEAN UNION
, FOR THE DEFINITION IS AN
ABSOLUTELY CRITICAL ELEMENT.
WELL, LET ME CAUSE SO. THAT'S
THE DEFINITION NOW, LIKE TWO
OTHER KIND OF OVERLAYS ON THAT
DEFINITION. UM WE HAVE A NUMBER
OF EXEMPTIONS TO THE DEFINITION.
AND THEY APPEAR ON THE NEXT ON
THIS SLIDE. AND SO THE
EXEMPTIONS A RE WE BECAUSE WE
WANT TO PROMOTE. WE DEFINITELY
DON'T WANT TO HINDER SCIENTIFIC
RESEARCH. SO SCIENTIFIC RESEARCH
IS OUT OF THE UAI A. WE ALSO
ELIMINATE OR EXCLUDE THE, UH. A
I SYSTEMS, WHICH ARE STILL IN
THE RESEARCH THE TESTING AND
DEVELOP MENT STAGE AND THE LOGIC
AGAIN IS PRODUCT SAFETY. UH,
THESE PRODUCTS A RE? NOT YET ON
THE MARKET. THEY A RE. STILL I
N THE LABORATORY. THEY'RE BEING
TESTED OR OR BEING RESEARCHED.
THERE IS NÓ REASON. THEREFORE
THERE'S NÓ RISKS TO THE USERS,
AND WE WANT TO STIMULATE
RESEARCH AND INNOVATION. AND THE
LAST POINT IS A BIT SPECIFIC,
MAYBE TO THE EU BECAUSE THE EU
HAS LIMITED COMPETENCE. I N THE
FIELD OF, UH, MILITARY, DEFENSE
AND NATIONAL SECURITY, SO THAT
IS ALSO NOT COVERED BY THE EU. A
I ACT. THAT'S THE FIRST OVERLAY.
SO WE HAVE THE DEFINITION AND
THEN WE EXEMPT A CERTAIN NUMBER
OF AREAS FROM THEIR DEFINITION.
AND THEN THE OTHER OVERLAY,
WHICH IS AS IMPORTANT IF NOT
MORE IMPORTANT, THIS IS RISK
BASED APPROACH AND NARROWING
DOWN REALLY, TO THE A. I SYSTEMS
THAT SHOULD BE REGULATED. SO YOU
HAVE THE BROADER DEFINITION AND
THEN YOU OVERLAY IT WITH THE
RISK BASED APPROACH. AND THEN
THERE IS BASED APPROACH ACTUALLY
DEFINES HOW YOU SHOULD REGULATE
EVEN THOUGH AN A I SYSTEM MAY BE
COVERED THE DECISION. IF IT THE
RISK IS LIKE YOU SEE THIS
PYRAMID OF RISK FROM
UNACCEPTABLE HIGH RISK LIMITED
RISK TO MINIMAL RISK, SO YOU
MIGHT BE COVERED OR WE MIGHT
COVER A PARTICULAR A I SYSTEM.
BUT IF IT PRESENTS MINIMAL RISK,
THERE'S ACTUALLY NÓ OR OR HARDLY
ANY RULES. UH I MEAN MINIMUM
TRANSPARENCY RULES MIGHT APPLY,
BUT BUT NOT MUCH. IF IT'S MORE
RISK, I MEAN, LIKE UNACCEPTABLE
RISK. THERE'S NUMBER OF A I
SYSTEMS THAT WOULD NOT BE
ACCEPTABLE ANYMORE. IN THE
EUROPEAN UNION FOR EXA MPLES II.
I N TERMS OF FACIAL RECOGNITION
FOR LAW ENFORCEMENT, CERTAIN
CERTAIN APPLICATIONS. WE DON'T
WANT TO LIVE. I N A
SURVEILLANCE SOCIETY. I N THE
EUROPEAN UNION. SO THEY
PROHIBITIONS. I N THAT I N
THAT AREA CREDIT SCORE. I MEAN,
IT'S A SYSTEM THAT PROBABLY
YOU'RE FAMILIAR WITH. I N CHINA
. WE'RE KIND OF THE CITIZENS. A
RE SCORED FOR, LIKE, UH, THEIR
THEIR LOYALTY TO THE CHINESE
COMMUNIST PARTY. THAT'S NOT
SOMETHING THAT WE WOULD LIKE. TO
SEE I N THE EUROPEAN UNION,
CERTAIN SYSTEMS THAT EXPLOIT OR
USE SUBLIMINAL TECHNIQUES TO GET
PEOPLE TO TAKE DECISIONS AGAINST
THEIR INTEREST OR AGAINST THEIR
WILL. SO THOSE SYSTEMS ARE
PROHIBITED. I N THE EUROPEAN
UNION AND YOU HAVE THE HIGH RISK
AND THE WAY PRODUCT SAFETY WORKS
IN THE EUROPEAN UNION THAT ALSO
COMES BACK TO A BIT OF THE
FLEXIBILITY OF THE DEFINITION IS
THAT WE SET THE ESSENTIAL
REQUIREMENTS IN THE EU A. I ACT,
SO WE DEFINE LIKE WHAT SAFETY
AND TRUSTWORTHINESS MEAN AND
THEN YOU GO. PRINCIPLES OF THE
FUNDAMENTAL RIGHTS LIKE
TRANSPARENCY LIKE NON
DISCRIMINATION BIAS. I MEAN,
LIKE THE PROTECTION OF YOUR
PRIVACY, AND THEN THE INDUSTRY
ACTUALLY DEVELOPS THAT INTO
STANDARDS, UH, THE WAY
PRODUCTIVE OF CONFORMITY, WORKS
OR PRODUCT SAFETY WORKS IN THE
EUROPEAN UNION. WE SET THE
ESSENTIAL REQUIREMENTS. I N I
N A LEGAL INSTRUMENT, THE
INDUSTRY THEN TRANSLATE THOSE
INTO STANDARDS AND THEN THE
INDUSTRY BY SHOWING CONFORMITY
TO THESE STANDARDS COMPLIES WITH
THE REGULATORY FRA MEWORK. SO WE
WILL HAVE AND THERE'S ALREADY A
LOT OF ACTIVITY. I N THE
EUROPEAN STANDARDISATION
ORGANIZATIONS TO SET STANDARDS.
I N THIS. I N THIS SPACE AND
TO ALLOW, UH COMPANIES THEN TO
IF IT'S LIGHT RISK TO SELF
CERTIFY, IF IT'S UH UH UH, A
MORE KIND OF SERIOUS RISK TO
HAVE THESE INDEPENDENT PARTIES
AND I THINK PROFESSOR NONI MADE
A VERY VALID POINT. I N THE
EUROPEAN UNION. WE HAVE THESE,
UM CONFORMITY ASSESSMENT BODIES,
BUT THEY A RE REGULATED
THEMSELVES. IT IS. I CANNOT JUST
SAY LOOK, I AM A CON. THE
ASSESSMENT BODY. I MEAN, JUST
ASK ME PAY ME AND I'LL GIVE YOU
A CERTIFICATE AND III. I CAN,
UH, CAN CONFIRM THAT YOU ARE.
YOU'RE ALL RIGHT NOW. THESE
THESE BODIES THEMSELVES ALSO
NEED TO BE REGULATED. SO IN
CONCLUSION. INTERNATIONAL
ALIGNMENT IS KEY FOR THE
EUROPEAN UNION. CONVERGENCE IS
EMERGING. I MEAN, WE HAVE THE Ó
E èC Dð WE A RE NEGOTIATING. I
N THE COUNCIL OF EUROPE, WHICH
IS NOT THE EUROPEAN UNION, BUT
IT'S UH ORGANISATION OF 46.
MEMBER STATES AND THE U S¼ IS AN
OBSERVER. THERE ALSO A
CONVENTION ON A I AND THAT IS
USING THE SAME DEFINITION AS THE
UA I ACT AND THE SAME DEFINITION
AS THE Ó E èC Dð. WE ARE
WORKING WITH A LOT OF PARTNERS
AROUND THE WORLD, AND THEY'RE
ALSO KIND OF INCLINED TO FOLLOW
THE Ó E èC Dð DEFINITION AND I
THINK IT'S IMPORTANT IN THE Ó E
èC Dð DEFINITION TO TAKE THE
LATEST VERSION OF THE Ó E èC
Dð DEFINITION. SO IE THE ONE OF
LIKE LAST SUMMER, RATHER THAN
THE ONE OF 2019 BECAUSE IT PUTS
MORE EMPHASIS ON TWO VERY
IMPORTANT ELEMENTS. ONE IS THE
UM, THE INFERENCE. UH, SO TO
ENSURE THAT NOT EVERY AUTOMATED
DECISION IS COVERED AND ALSO THE
, UH, THE ISSUE ABOUT IMPLICIT
UH, SO THE OBJECTIVES THAT THE
SYSTEM ITSELF, UH, DEVELOPS, UH,
AFTER IT'S BEEN, UH, BEEN
DEPLOYED. WITH THAT, UH, MADAME
CHAIR. I, UH I YIELD THE FLOOR.
THANK YOU. I CAN START UNLESS
ANYBODY ELSE HAS SOME QUESTIONS.
SO I MEAN, I THINK THAT WHAT I'M
GATHERING FROM THIS CONVERSATION
, AND MY READING GENERALLY IS
THERE SEEMS TO BE CONSENSUS
AROUND MOVING TOWARDS THE Ó E
èC Dð DEFINITION. UM AND I
THINK BOTH OF YOU AGAIN. NOT
EXACTLY, BUT THAT'S SORT OF THE
FOUNDATION OF BOTH, UM
DEFINITIONS WITH SOME
DIFFERENCES. SO UH, WE'LL START
WITH THE PRIVACY AGENCY
DEFINITION AGAIN. IT'S VERY
SIMILAR, BUT, UM IT IS NOT
DIRECTLY ADOPTED. AND UM
SPECIFICALLY YOU. YOU CALL OUT
GENERATIVE A. I IN A WAY THAT IS
NOT CALLED OUT IN THE Ó E èC
Dð DEFINITION. UM, CAN YOU TALK
ABOUT WHY YOU MADE THAT CHANGE?
CERTAINLY AND THIS IS AGAIN A
DRAFT RECOMMENDATION ON THE
BOARD. OF COURSE, OF COURSE, BUT
CERTAINLY WE FELT THAT, UH, ONE.
OUR DEFINITION DOESN'T UH, VARY
SO MUCH FROM THE EU A. I THE
LATEST. I THINK IT WAS OCTOBER
DEFINITION FROM THE Ó E èC Dð,
UH, DEFINITION, EITHER. UM WE
JUST REWROTE IT FOR KIND OF
CLARITY AND SIMPLICITY AND FOR,
UM OUR STATUTE DIRECTS US TO US
TO PROVIDE GUIDANCE TO
BUSINESSES. AND WE DO THAT, UM
THROUGH A P, A RULE MAKING SO
THROUGH EXAMPLES, AND SO FOR A
PURPOSE OF BEING A CLEAR. WE
THOUGHT IT WAS IMPORTANT TO
ARTICULATE. WHAT ARE YOU KNOW?
UH THAT GENERATIVE A I MODELS
ARE INCLUDED AND WHAT THE RIGHTS
ARE WITH RESPECT TO THAT, SO OUR
DEFINITION IS ALMOST I THINK
MIRRORS THAT WE èC Dð JUST IS
RE FOR YOU KNOW MULTIPLE
SENTENCES INSTEAD OF ONE LONG ON
IT'S LIKE FOR HEMINGWAY, OR DO
YOU PREFER, YOU KNOW? UM. BE
LIKE, OH, I DID AS A LAW
PROFESSOR WAS CUT WORDS OUT OF
PEOPLE'S WRITING, SO SHORTER
WRITER. UM SO AND THEN THE EU A.
I ACT, IT ADDS IN THIS IDEA THAT
YOU SPOKE ABOUT ABOUT DISPLAYING
ADAPTIVE AFTER DEPLOYMENT, AND
YOU SPOKE A LITTLE BIT ABOUT THE
IMPORTANCE OF THAT. UM AS I READ
IT AND CORRECT ME IF I'M WRONG,
IT MAY INCLUDE THAT. BUT IT
DOESN'T NECESSARILY THAT IT
INCLUDES THAT ADAPTIVE IS THAT
CORRECT? MARIA OK, MAY OR MAY
NOT MAY OR MAY NOT, AND THEN SO
WHY? I GUESS I UNDERSTOOD. WHAT
YOU WERE TALKING ABOUT AROUND
VOICE RECOGNITION, ET CETERA, IN
WHICH IT WOULD APPLY. BUT WHY
DID YOU ADD THAT IN? WHY WAS
THAT IMPORTANT? WELL THE, UH,
DET IS REFERS TO THE ABILITY OF
THE SYSTEM TO LEARN AFTER
DEPLOYMENT. SO ONCE IT'S I N
USE AND THAT'S I THINK CLOSELY
RELATED TO ALSO THE POINT THE
ELEMENT OF INFERENCE. UH
ALTHOUGH ADAPTIVE IS MORE THE
DEPLOYMENT OR THE USE STAGE AND
THE A I A KIND OF AGAIN IT
COVERS BOTH SITUATIONS. SO WHERE
THE SYSTEM DOESN'T ADAPT AND
WHERE IT DOES ADAPT IF IT
DOESN'T ADAPT, AND IF WE WOULD
ONLY FOCUS ON WHERE IT DOESN'T
ADAPT. THE DEFINITION WOULD
BECOME TOO AND THEREFORE WE
BELIEVE IT'S IMPORTANT TO ADD
THE WORD MAY ADAPT BECAUSE MANY
CURRENT ADVANCED A I SYSTEMS A I
VOICE ASSISTANT RECOMMENDER
SYSTEMS ACTUALLY DO ADAPT AFTER
USE. AND SO IF WE WOULD ONLY
KIND OF, UH, IF WE WOULD KIND OF
NOT MAKE THE DEFINITION KIND OF
CLEARER, I N TERMS OF MAY OR
MAY NOT, THEN WE WOULD PROBABLY
MISS OUT ON A VERY IMPORTANT
PART OF WHAT WE WOULD WANT TO
COVER. BECAUSE THE OF COURSE THE
DEFINITION MUST ZOOM. I N ONTO
AREAS WHERE WE BELIEVE THERE. IS
THERE A RE CERTAIN RISKS THAT
NEED TO BE MITIGATED, AND IF WE
WOULD HAVE A DEFINITION, IT
WOULD BE INCOMPLETE, REMOTE MISS
OUT ON ON ON THESE IMPORTANT
ELEMENTS. ADAPTIVE IS ACTUALLY
INCREASINGLY A FEATURE OF THESE
SYSTEMS. SO THAT'S WHY WE
EMPHASIZED MAY ADEPT AND THEN
ONE OTHER CHANGE WAS THAT
INSTEAD OF JUST SAYING IT
OPERATES A VARYING LEVELS OF
AUTONOMY YOU YOU ADDED IN THAT
IT HAD TO BE DESIGNED TO OPERATE
A VARYING LEVELS OF AUTONOMY
THAT SEEMS LIKE IT WOULD
ACTUALLY NARROW THE SCOPE. THE
DEFINITION. CAN YOU TALK ABOUT
THAT? YEAH. I MEAN, THAT'S A BIT
LIKE A HEMINGWAY KIND OF IT'S A
IT'S A LINGUISTIC. UH, RATHER
THAN A SUBSTANTIVE DIFFERENCE. I
MEAN, WHEN WE DO LEGISLATION, WE
HAVE LOTS OF RECITALS AROUND IT.
EXPLAIN WHAT THE LEGISLATION IS
INTENDING TO SAY. AND ACTUALLY
IN THE RECITALS. IT'S THAT THE
DEFINITION DOESN'T CONSIDER THE
INTENTIONS OF THE DESIGNER. SO
WHEN YOU MAYBE BECAUSE IT MIGHT
MAKE YOU BELIEVE THAT DESIGN
MEANS THERE WAS AN INTENTION OF
THE DESIGNER THAT THAT THAT
SHOULD NOT BE READ INTO THE TEXT
, AND THE RECITAL CLARIFIES THAT
THAT THAT IS KIND OF, UH, IT
MEANS IT IS IMMATERIAL. GOT IT.
OK, THAT'S HELPFUL. AND THEN
LASTLY, I THINK YOU KNOW, WE SEE
ALREADY IN JUST A SHORT PERIOD
OF TIME. EVEN THE LAST YEAR HOW
QUICKLY THIS TECHNOLOGY IS
MOVING. MY COLLEAGUE FROM
OAKLAND MENTIONED THAT, UM AND.
YOU KNOW THE PRIVACY AGENCIES'
DEFINITION EXPANDS FROM MACHINE
BASED ENGINEER TO MACHINE BASED,
YOU KNOW, THERE'S UM OUR SCIENCE
FELLOW WAS TEACHING ME ABOUT UM,
BIOLOGICAL MATERIALS THAT CAN BE
USED TO ORGANIZE. THAT'S A WHOLE
ANOTHER MIND BLOWING IDEA. UM,
SO I GUESS. HAVE YOU GUYS
THOUGHT ABOUT WHETHER YOUR
DEFINITION THAT YOU'RE THINKING
OF ADOPTING OR HAVE ADOPTED UM,
WILL NEED TO BE RE EVALUATED
OVER TIME, OR DO YOU THINK IT'S
NIMBLE ENOUGH TO REALLY MEET THE
NEEDS OF THE FUTURE? AND I ASKED
BOTH OF YOU THAT QUESTION. WELL
I MEAN, OUR THE A I A IS A RISK
BASED PRODUCT SAFETY REGULATIONS
, SO PRODUCT SAFETY REGULATION
TYPICALLY FOCUSES ON PRODUCTS
THAT A RE ALREADY ON THE MARKET,
OR, UH, RELATIVELY NEAR TO THE
MARKET. I MEAN, IT'S HARD TO
KIND OF TO ALREADY IMAGINE
PRODUCTS THAT KIND OF LIKE A 10
YEARS AWAY. UH FROM U S¼, SO IT
IT IS A PRAGMATIC IT TAKES A
PRAGMATIC APPROACH. IT AIMS TO
REGULATE THE SYSTEMS THAT THAT A
RE ON THE MARKET. A RE SOON WILL
BE ON THE MARKET. AND, OF
COURSE, WHEN WE WERE REFLECTING
ON THE DEFINITION. I MEAN, THERE
IS ALWAYS THIS LIKE, WELL, HOW
CAN WE MAKE SURE IT'S FUTURE
PROOF? BUT AT THE SAME TIME, HOW
CAN WE MAKE SURE WE PROVIDE THE
NECESSARY LEGAL CERTAINTY AND
PREDICTABILITY? AND SO I MEAN NÓ
DEFINITION CAN ACCOMMODATE FOR
ALL POTENTIAL FUTURE DEVELOP
MENTS. UH BUT I MEAN SO, BUT
THAT BEING SAID MACHINE BASED
REFERS TO THE TECHNOLOGY BEING
USED AND THAT CAN BE HARDWARE OR
SOFTWARE. AND I N PRINCIPLE.
THIS COULD ALSO IN COMPASS
HARDWARE, WHICH GOES BEYOND OUR
CURRENT TECHNO TECHNICAL
UNDERSTANDING TO COVER OTHER
MEDIUMS OR INFORMATION OR
SYSTEM. WE? WE HAVE THE
OPPORTUNITY UNDER THE EU. A. I
ACT TO PROVIDE GUIDANCE ON THE
DEFINITION SO WE COULD ALSO OVER
TIME. OF COURSE NOT WITHOUT
CHANGING. I MEAN, WE CANNOT
CHANGE THE DEFINITION BUT A Tð
THE LEAST WE COULD CLARIFY IF
THERE A RE CERTAIN DEVELOP MENTS
THAT KIND OF CAN BE CAPTURED. BY
THE DEFINITION. WE CAN ACTUALLY
PROVIDE LEGAL CERTAINTY BY
ISSUING GUIDANCE TO CONFIRM THAT
THAT IS THE CASE. BUT BUT BUT
THERE IS A TRADE OFF BETWEEN
FUTURE PROOF AND LEGAL CERTAINTY
AND PREDICTABILITY AND THE EU
CHOSE TO REGULATE WHAT IT IS
AWARE OF, AND WHAT IS ON ITS WAY
TO THE MARKET AND NOT TO
REGULATE WHAT MIGHT COME. I N
10 OR 15 YEARS TIME. THANK YOU
ANYTHING TO ADD? YES CERTAINLY.
THAT'S THAT'S ESSENTIALLY, UM,
OUR APPROACH AS WELL. UH YOU
KNOW, OUR OUR STATUTE DIRECTS US
TO, UH, UPDATE THE REGULATIONS
AND DEFINITIONS AS NECESSARY TO
ADDRESS CHANGES IN TECHNOLOGY,
AND WE CERTAINLY, UM WOULD
EXPECT TO DO THAT AS, UH, YOU
KNOW, BIOLOGICAL COMPUTATION, UM
, BECOMES INTRODUCED IN A
WIDESPREAD IN THE MARKET. UM, AS
I MENTIONED, MY BACKGROUND WAS
COGNITIVE SCIENCE, AND IN
NINETIES, WE DID COMPUTATION ON
SQUID. NEURONS, DOINGS, YOU
KNOW, SMALL. SMALL CASE
COMPUTATION, BUT WE HAVEN'T SEEN
THAT DEPLOYED YET. CERTAINLY IN
THAT, IN THAT CASE, WE WOULD
EITHER SEEK TO EITHER, UM,
INTERPRET OUR OUR OUR, UH,
REGULATION AS IT APPLIES TO THAT
, OR EXPAND OUR OUR OUR
DEFINITIONS TO ACCOMMODATE THOSE
NEW TECHNOLOGIES. GOT IT. THANK
YOU. I APPRECIATE THAT. YEAH.
THANK YOU, MADAM CHAIR. UM, FOR,
UH, MR DE GRAF. UM THANKS FOR
YOUR TESTIMONY TODAY. UM WOULD
LOVE FOR YOU TO EXPAND A LITTLE
BIT UPON. YOU KNOW, AS YOU ALL
WERE ENGAGING IN, YOU KNOW,
CREATING A REGULATORY FRAMEWORK
WITH THE CONVERSATIONS WITH
INDUSTRY WERE LIKE, UM, THE YOU
KNOW CONCERNS THEY RAISED WHAT
THEY FELT WAS DOABLE. I MEAN,
ONE OF THE THINGS THAT WE WANT
TO MAKE SURE WE'RE DOING HERE IS
THAT WE'RE ACTUALLY CREATING
POLICY THAT CAN BE IMPLEMENTED.
YOUR FRAMEWORK SEEMS LIKE ONE
THAT ALLOWS FOR THAT IN A WAY
BECAUSE OF THE RISK ASSESSMENT.
UM SO I THINK SO. THAT'S ONE
QUESTION ALSO, IS IT YOUR SENSE
THAT INDUSTRY WOULD LIKE TO SEE
CONFORMITY IN TERMS OF WHAT'S
HAPPENING IN THE EU AND WHAT'S
HAPPENING IN CALIFORNIA? IDEALLY
I WOULD ASSUME FEDERALLY AS WELL
, BUT THAT'S BEYOND MY PURVIEW.
UM AND SEEING SOME ALIGNMENT
WOULD MAKE IT ACTUALLY EASIER TO
IMPLEMENT IF ALL OF US ARE
ESSENTIALLY DOING THE SAME THING
FROM A REGULATORY POINT OF VIEW.
I MEAN, THERE. THERE'S BEEN A
WHEN, WHEN THE EU LEGISLATES
THERE IS A VERY INTENSIVE PHASE
OF PUBLIC CONSULTATION AND A
VERY INTENSIVE PHASE OF IMPACT
ASSESSMENT, SO IT IT IT IS
SOMETHING THAT KIND OF IS WELL
PREPARED. WE TAKE OUR TIME. IT'S
SO I MEAN, WE MADE A PROPOSAL. I
N I N Tð. I N 2021, BUT BUT
WE STARTED TO WORK IN 2017 2018.
AND OF COURSE, THERE BEEN A LOT
OF DISCUSSION WITH THE WITH THE
INDUSTRY. A Tð AN A AN EARLY
STAGE. I MEAN, WE FOCUSED AND I
THINK PROFESSOR NONI MADE THAT
POINT. VERY ELOQUENTLY. WE FOCUS
VERY MUCH ON THE PROBLEMS OR THE
RISK THAT EXISTS TODAY. UH A I
SYSTEMS ARE USED AND THEY COULD
PRODUCE OUTCOMES THAT WOULD NOT
BE FAIR OR OR OR NOT BE
TRANSPARENT AND OR OR OR
DISCRIMINATORY. THAT'S HOW THE
ORIGINAL A I ACT WAS CONCEIVED,
AND I THINK THAT'S SOMETHING
THAT, OF COURSE, WAS, I THINK IS
GENERALLY, UH, WAS ENDORSED,
INCLUDING BY BY THE INDUSTRY AND
THE INDUSTRY IN THE EUROPEAN
UNION IS VERY FAMILIAR WITH THE
PRODUCT SAFETY APPROACH, BECAUSE
THAT'S THE APPROACH THAT WE
GENERALLY USE IN ORDER TO
FACILITATE. TRADING GOODS ACROSS
THE SINGLE MARKET OF 2027 MEMBER
STATES. OF COURSE THEY MORE
RECENTLY, ACTUALLY, DURING THE
NEGOTIATIONS AND CHAT GP Tð CAME
OUT. AND THEN THERE WAS THE
WHOLE QUESTION. LIKE WELL WHAT A
RE WE SUPPOSED TO DO? WHAT
SHOULD WE DO WITH GENE? I I SH
CAN IT BE CAPTURED UNDER THE FRA
MEWORK THAT WE HAVE ALREADY
DEVELOPED OR DO WE NEED LIKE A
SPECIFIC CHAPTER ON GENEVA? I IT
WAS DECIDED WE NEEDED A SPECIFIC
CHAPTER. SO IT WAS A BIT KIND OF
LIKE, UH, I MEAN, UH, WORKING ON
ON EXPANDING THE LEGAL TEXT
WHILST WE WERE NEGOTIATING IT, I
THINK IN GENERAL, THE WHAT THE
EUROPEAN INDUSTRY FUNDAMENTALLY
DISLIKES. AND OF COURSE, THIS IS
ONE OF THE FEATURES.
UNFORTUNATELY, THAT WE HAVE
EXPERIENCED I N THE I N I N
DO I N PARTICULAR IS A
FRAGMENTATION OF THE SINGLE
MARKET. WHERE IF YOU A RE
SUCCESSFUL, I N LIKE ONE MEMBER
STATE IN GERMANY, AND YOU WANT
TO TAKE YOUR DIGITAL PRODUCT TO
ANOTHER MEMBER STATE. YOU YOU
FIND OUT THAT THE RULES A RE
DIFFERENT AND RATHER THAN
RECRUITING AN ENGINEER, IF
YOU'RE A START UP, YOU HAVE TO
RECRUIT A LAWYER BECAUSE YOU
NEED THE LEGAL ADVICE. LIKE HOW
HOW DO YOU NEED TO ADJUST YOUR
PRODUCT IN ORDER TO BE ABLE TO
PUT IT SUCCESSFULLY ONTO THE
MARKET? I N ANOTHER MEMBER
STATE. AND IF THAT HAPPENS LIKE
20 TIMES, THEN IT SLOWS YOU DOWN
AND IT IT DRIVES UP THE COST.
AND THIS IS MAYBE ONE OF THE
REASONS WHY THE EU DOESN'T HAVE
MORE. THAT COMPANIES COMPARED TO
THE U S¼ BECAUSE IT JUST TAKES A
MUCH LONGER TIME. IF WE HAVE
LEGAL FRAGMENTATION, SO THE EU
INDUSTRY IS GENERALLY VERY MUCH
IN FAVOUR OF HARMONIZING
REGULATION. THEN OF COURSE, THE
QUESTION IS. WHERE DO YOU PUT
THE BAR A AND? AND? AND? AND
WE'VE PUT THE BAR? WHERE? WHERE
THE BAR HAS NOW? BEEN PUT? I
THINK WHEN YOU LOOK A Tð THE U
S¼ WHEN WE CæA ME HERE WHEN I
CAME HERE A YEAR AND A HALF AGO.
THE QUESTION WAS OR WHAT? THE
CRITICISM. WHY IS THE EU
REGULATING IT'S TOO SOON. YOU'RE
STIFLE INNOVATION. UH,
TECHNOLOGY MOVES TOO FAST. I
MEAN, THE EU CAN'T COMPETE. SO
YOU'RE TRYING TO HOLD US BACK.
WE THEN CHAT GP Tð 3 3.5 CHAT.
GP Dð FOUR CAME AND THE
CONVERSATION IN THIS COUNTRY
CHANGED COMPLETELY. I MEAN, THE
CRITICISM THAT WE GET NOW IS WHY
DOES IT TAKE YOU SO LONG TO
REGULATE? BECAUSE NOW YOU WE
STILL HAVE SOME KIND OF WE NEED.
WE HAVEN'T ADOPTED IT YET. IT
WILL NEED TO LITTLE BIT OF TIME
TO IMPLEMENT IT. BUT THERE'S
DEFINITELY BECAUSE, OF COURSE I
N SO FAR AS THIS CONCERNS
ACTIVITIES OF LIKE COMPANIES
LIKE OPEN A I AND TROPIC AND ALL
THE OTHER COMPANIES. WE KNOW IN
THE EUROPEAN UNION. THEY WILL BE
REGULATED BY THE EU A. I ACT.
AND SO THEY HAVE AN INTEREST IN
AVOIDING A SITUATION WHERE IN
MULTIPLE JURISDICTIONS AROUND
THE WORLD BECAUSE THESE
COMPANIES, OF COURSE WILL
OPERATE ON A GLOBAL LEVEL, THEY
WILL HAVE TO COPE OR TO ADDRESS
DIFFERENT FRAMEWORKS THAT THAT
KIND OF MAY, IN SOME CASES EVEN
BE INCONSISTENT, SO THEY
DEFINITELY WOULD WELCOME AN
ALIGNMENT BETWEEN THE EU AND THE
U S¼ ALSO VERY SUPPORTIVE OF ALL
THE WORK THAT WE'VE BEEN DOING.
I N THE I N THE TRADE AND
TECHNOLOGY COUNCIL AND II, I
GUESS ALSO KIND OF, UH, WORKING
AND TO SEE WHAT THE TO THE
EXTENT TO WHICH CALIFORNIA AND
THE EU CAN CAN ALIGN ITS ITS
METHODS. I THINK THAT ONE OF THE
CRITICAL POINTS WILL BE THE
ENFORCEMENT SIDE AND I THINK THE
POINT HAS MADE BE MADE DIFFERENT
TIMES. UH THE ENFORCEMENT IN THE
EUROPEAN UNION IS DONE BY MARKET
SURVEILLANCE AUTHORITIES. I MEAN
THESE MARKETS SURVEY AUTHORITIES
A RE NOWADAYS ARE RESPONSIBLE
FOR CHECKING THAT A LAWN MOWER
MEETS THE KIND OF THE TECHNICAL
SAFETY STANDARDS THAT LIKE A
DISHWASHER. I MEAN, UH, ALL ALL
OF THE TECHNICAL EQUIPMENT AND
SO TO GET HE'S SURVEILLANCE
AUTHORITIES UP TO SPEED BECAUSE
THE TO I MEAN TO ASSESS AND TO
CONFORMITY OF AN A I PIECE OF
SOFTWARE OR OR AN A I DEVICE, A
MEDICAL DEVICE WITH A I IN IT,
FOR EXAMPLE, OR A TOY WITH A I.
I N IT. I MEAN, REQUIRES A LOT
OF EXPERTISE THAT NEEDS TO BE
BUILT UP VERY QUICKLY. SO I
THINK FROM A PUBLIC POLICY POINT
OF VIEW, THERE IS A CHALLENGE
FOR POLICY MAKERS TO UNDERSTAND.
SAY WHAT I THINK WHAT YOU'RE NOW
ALSO WORKING ON WITH HEARINGS, A
LIKE WHAT IS THE TECHNOLOGY.
WHERE IS IT GOING? WHERE IS THE
MARKET FAILURE? WHERE IS THE
POTENTIAL NEED TO INTERVENE AND
REGULATE? SO THAT'S DEFINITELY A
CHALLENGE, AND THE EU HAS WORKED
ITS WAY THROUGH THIS. BUT THEN
THE OTHER CHALLENGE IS ONE. THE
REGULATION IS ON THE BOOKS IS IN
ORDER TO IS TO MAKE IT WORK AND
TO HAVE THE NECESSARY
ENFORCEMENT CAPACITY. THE
EUROPEAN UNION, FOR EXAMPLE, IS
ALSO ESTABLISHING NOW AN A I
SAFETY OFFICE TO SUPERVISE THESE
VERY POWERFUL GENITIVE. A. I
MODELS WHERE I CAN TELL YOU.
THAT IS A HUGE CHALLENGE, ALSO
TO RECRUIT PEOPLE THAT HAVE THAT
NECESSARY EXPERTISE IN THE
PUBLIC SECTOR. WHERE THERE IS A
WAR FOR TALENT GOING ON, AND THE
PUBLIC SECTOR, UNFORTUNATELY,
CAN'T PAY THE KIND OF SALARIES
THAT THE PRIVATE SECTOR CAN PAY.
THAT IS, THAT IS A SIGNIFICANT
CHALLENGE. WE WILL MANAGE. BUT
IT IS NOT TO BE UNDERESTIMATED.
THANK YOU. ANYTHING ELSE?
ANYBODY ELSE? YEAH. NÓ WORRIES.
UH, FOR, UH, THANKS FOR BEING
HERE. BOTH OF YOU, UH, JUST
QUICK QUESTION. UH, FROM YOUR
PERSPECTIVE, UM, ON. YOU KNOW?
WHY DO YOU FEEL WE HAVE KIND OF
TWO. SIMULTANEOUS UH UH,
ATTEMPTS AT REGULATION GOING ON
BETWEEN èC P A. AND THE
LEGISLATURE. UH, WHERE DO YOU
SEE YOUR AGENCIES KIND OF
LIMITATION OF ITS AUTHORITY AND
HOW THAT WILL INTERACT WITH THE
CHAIR'S LEGISLATION AND KIND OF
THE LEGISLATIVE EFFORTS THIS
YEAR. APPRECIATE THAT. UM I'M
I'M NOT CERTAIN THAT I SEE KIND
OF A COMPETITION OR OR I. I SEE
KIND OF, UM, AN OPPORTUNITY FOR
COLLABORATION BETWEEN OUR
AGENCIES. THE INITIATIVE. THE
BALL INITIATIVE DIRECTS US US.
AS OF, YOU KNOW, 2020 2021 TO
BEGIN RULE MAKING IN THIS AREA,
AND CERTAINLY WE HAVE ESSENTIAL
WE'VE DONE MULTIPLE YEARS OF
WORK IN THAT SPACE AND ARE ABOUT
TO PROMULGATE OUR REGULATIONS IN
THAT SPECIFIC APPLICATION WHERE
THE AGENCY AND THE BOARD HAVE
FELT AUTOMATED DECISION MAKING.
TECHNOLOGY INTRODUCES RISK TO
CONSUMERS, PRIVACY AND SECURITY.
UM SO AS I MENTIONED IN MY
TESTIMONY, THERE ARE AREAS
OUTSIDE OF THAT WHERE WE I
BELIEVE CAN BE A RESOURCE TO YOU
ALL. AS A TECHNICAL EXPERTS. WE
HAVE AN AUDIT AUTHORITY. WE HAVE
KIND OF I'M A TECHNOLOGIST
MYSELF. I'M NOT A I'M NOT A
LAWYER. YOU KNOW, WE CAN HELP,
UM, THIS BODY TO FIGURE OUT HOW
TO GOVERN THESE OTHER IMPORTANT
AREAS THAT FALL OUTSIDE OUR
FRAMEWORK, AND THERE'S KIND OF
OPPORTUNITIES FOR, UM, KIND OF
HARMONIZATION BETWEEN THOSE TWO
FRAMEWORKS. OUR STATUTE ACTUALLY
ACCESS TO HARMONIZE WHERE
POSSIBLE TO EASE IMPLEMENTATION
OF THE LAW. AND I THINK FOR THIS
REASON AND WHAT? UM MR, UH THE
GRAPH MENTIONED THIS IS WHY KIND
OF A UNIFORM DEFINITION IS
IMPORTANT. WHY INTEROPERABILITY
IS IMPORTANT. WHY UM, I THINK
HAVING A COMMON VOCABULARY IS
IMPORTANT AND TECHNICAL
EXPERTISE. AND SO, UM, I DON'T
NECESSARILY SEE IT AS, UM, YOU
KNOW, UH, KIND OF COMPETITIVE. I
SEE THAT AS A GREAT OPPORTUNITY
TO COLLABORATE. THANK YOU AND I
AGREE, AND WE'VE ALREADY BEGUN
OUR COLLABORATION AND I REALLY
APPRECIATE THE AGENCY'S
EXPERTISE. IT IS HARD TO GET.
AND SO THE MORE WE CAN LEVERAGE
THE EXPERTISE AT OUR FINGERTIPS,
THE BETTER AND, UM THERE'S NÓ
QUESTION THAT I BELIEVE IT'S OUR
ROLE AS A LEGISLATURE TO ALWAYS,
UM, PROTECT OUR CONSTITUENTS.
AND SO THAT'S WHAT WE'LL
CONTINUE TO DO. SO THANK YOU. UM
AND THANK YOU BOTH FOR BEING
HERE AND FOR YOUR ANSWERING ALL
OF OUR QUESTIONS AND PROVIDING
YOUR IMPORTANT INPUT. IT IS.
DEFINITION IS SO CRITICALLY
IMPORTANT, SO WE REALLY
APPRECIATE YOUR INSIGHT. UM AND
THEN WITH THAT WE WILL MOVE ON
TO PANEL THREE, WHICH IS, UM
ISSUES AND POLICIES, SOLUTIONS
AND ARTIFICIAL INTELLIGENCE. WE
HAVE PROFESSOR FARID UM, A
PROFESSOR OF COMPUTER SCIENCE AT
THE UNIVERSITY OF CALIFORNIA,
BERKELEY. I AM MARRIED TO A HOW
E MAJOR. SO WELCOME. UH, WE HAVE
OR LABELLE, UH, THE WARREN
DISTINGUISHED PROFESSOR OF LAW
DIRECTOR FOR THE CENTER FOR
EMPLOYMENT AND LABOR POLICY FROM
U S¼ Dð UNIVERSITY OF SAN DIEGO
AND THEN ONLINE WE HAVE SORELL
FEDLER, UM, THE SHALAL FAMILY
ASSOCIATE PROFESSOR OF COMPUTER
SCIENCE AT HAVERFORD COLLEGE,
WHO, UM, WAS AT THE OFFICE OF
SCIENCE, TECHNOLOGY AND POLICY
AT THE WHITE HOUSE FOR SOME OF
THEIR WORK AS A RELATES TO
ARTIFICIAL INTELLIGENCE PRIOR TO
BECOMING A PROFESSOR AT
HAVERFORD WITH THAT, PROFESSOR
FAREED, WOULD YOU TO BEGIN. MIC
BUTTON. I SHOULD TURN THE MIC.
THANK YOU. UM SO WE'VE BEEN
TALKING A LOT ABOUT A I AND
MACHINE LEARNING. I'M GONNA SORT
OF NARROW IN A LITTLE BIT AND
TALK SPECIFICALLY A BIT.
SPECIFICALLY ABOUT DEEP FAKES.
UM GENERAL A. I UM AND TALK
ABOUT A LITTLE BIT OF HOW
THEY'RE MADE WHAT THEY ARE.
WHERE ARE WE? HOW THEY'RE BEING
WEAPONIZED AND WHAT WE CAN HOW
WE SHOULD BE THINKING ABOUT THIS
AND I WANNA GET BACK TO SOME OF
THE DISCUSSIONS WE'VE BEEN
HAVING ABOUT THE NON CONSENSUAL
SEXUAL IMAGERY. I THINK THAT'S
AN IMPORTANT ONE. NEXT SLIDE,
PLEASE. SO IN THE SPACE OF
GENERATIVE A I. OVER THE LAST
FEW YEARS WE'VE SEEN PHENOMENAL
ADVANCES IN THE ABILITY TO
CREATE HIGHLY REALISTIC IMAGES,
AUDIO AND VIDEO. THIS ON THE
SCREEN HERE IS AN EXAMPLE FROM
MAY OF LAST YEAR. UH, IT IS AN
IMAGE THAT WAS CREATED USING
GENERATIVE A I WITH A TEXT
PROMPT THAT READS, UM, EXPLOSION
OUTSIDE OF THE PENTAGON. UH, IT
WENT VIRAL ON TWITTER. UM, AND
IN ABOUT TWO MINUTES, THE STOCK
MARKET DROPPED A HALF A TRILLION
DOLLARS. THAT'S A Tð TRILLION.
WHEN YOU TALK ABOUT GENERATIVE A
I, YOU SHOULD THINK BEYOND THE
ACTUAL CONTENT. THE ISSUE
GENERATIVE A. I IS NOT JUST THAT
YOU CAN CREATE THIS STUFF, BUT
THAT YOU CAN DISTRIBUTE IT
WIDELY. VIA TWITTER AND FACEBOOK
AND YOUTUBE AND TIK TOK. AND SO
WE HAVE TO THINK ABOUT THE
ENTIRE ONLINE ECOSYSTEM. NOT
JUST THE CREATION BUT ALSO THE
DISTRIBUTION. UH, THIS IS A
PRETTY CRAPPY IMAGE, AND IT
MOVED THE STOCK MARKET HALF A
TRILLION DOLLARS. AND TODAY I
COULD GO TO ANY NUMBER OF OPEN
SOURCE OR VERY LOW, UM, COST
SERVICES AND GENERATE HIGHLY
HIGHLY REALISTIC IMAGES THAT CAN
DO REAL DAMAGE AND THAT
TECHNOLOGY IS OUT THERE AND
THERE IS NÓ BRINGING IT BACK.
NEXT SLIDE, PLEASE. UM, I THINK
IT'S JUST WORTH I'M A PROFESSOR.
SO I LIKE TELLING PEOPLE HOW
THINGS WORK. UM AND SO I THINK
IT'S JUST WORTH TO UNDERSTAND
HOW THESE THINGS WORK. AND SO I
WANT TO JUST TAKE A MINUTE HERE
TO TALK ABOUT HOW THAT TYPE OF
IMAGE IS MADE. SO THE WAY THESE
THESE GENERATIVE A I SYSTEMS
WORK FOR IMAGES IS THAT THEY
INGEST BILLIONS AND BILLIONS OF
IMAGES AND THE TUNE OF AROUND 6
BILLION IMAGES WITH CAPTIONS. SO
THESE ARE ANNOTATED IMAGES. THIS
ONE IS A GROUP OF PEOPLE HAVING
WIND UP IN THE UP IN SONOMA
COUNTY. AND WHAT THE S¼ THE
MODELS DO IS THEY START
DEGRADING THE IMAGE, SO FROM
LEFT TO RIGHT YOU SEE A
DEGRADATION WITH WHAT'S CALLED
ADDITIVE NOISE, YOU MAKE THE
IMAGES LESS AND LESS AND LESS
VISIBLE, AND THEN IT LEARNS TO
REVERSE THE PROCESS CONDITIONED
ON THE CAPTION. AND SO, 6
BILLION TIMES IT HAS LEARNED.
HOW DO I TAKE A PURE NOISE
IMAGE? WHAT YOU SEE ON THE RIGHT
THERE WITH A CAPTION A
DESCRIPTION AND GO BACKWARDS
INTO SOMETHING THAT IS
SEMANTICALLY CONSISTENT, AND
IT'S JUST DONE THAT 6 BILLION
TIMES AND SO NOW WHEN YOU GIVE
IT BASICALLY ANY CAPTION PRETTY
GOOD AT IT. IT IS, BY THE WAY.
WHY WHEN YOU GIVE THE SAME
CAPTION OVER AND OVER AGAIN, YOU
GET A DIFFERENT IMAGES BECAUSE,
STARTING WITH A DIFFERENT RANDOM
SEED AND THAT JUST GIVES YOU A
SENSE OF THE POWER OF THE
UNDERLYING TECHNOLOGY. NEXT
SLIDE, PLEASE. UM, AND THE VIDEO
FRONT. UH, JUST I THINK IT WAS
LAST WEEK. UH, CAN YOU PLAY THE
VIDEO, PLEASE? UH, SO OF RELEASE
TEXT TO VIDEO. SO NOW WE HAVE
THE OH, WE DIDN'T HAVE THAT
VIDEO NÓ. OK UH, GO LOOK UP SOA.
UH, WE NOW HAVE TEXT TO VIDEO,
SO IT WILL NÓ LONGER BE AN IMAGE
OF A BOMBING AT THE PENTAGON. IT
WILL BE A VIDEO OF THE BOMBING
OF THE PENTAGON. AND WE NOW WILL
CREATE HIGHLY REALISTIC. UH, I,
UH, VIDEOS OF PEOPLE SAYING AND
DOING THINGS THEY NEVER DID, UM,
ON THE AUDIO FRONT. UM, CAN WE
TRY TO PLAY THE AUDIO? UH WE CAN
NOW SYNTHESIZE PEOPLE'S VOICES
FROM ABOUT 60 TO 90 SECONDS OF
THEIR SPEECH, SO I CAN TAKE. UH
UH, MY, UH UH. REPRESENTATIVE
HERE, UM, TAKE ANY OF YOUR
INTERVIEWS. 60 SECONDS. UM
UPLOAD IT TO A SERVICE. I PAY
FIVE MINUTES FOR A $5 FOR AND I
CAN TYPE. AND HAVE YOU SAY
ANYTHING I WANT YOU TO SAY, UM
SO IF WE CAN TRY TO GO TO THE
SLIDE WITH ANDERSON COOPER ON IT
AND PLAY AUDIO YEAH, SO IF WE
CAN PLAY THAT AUDIO YOU CAN'T
HEAR IT. OK, UH, IS ALL FOR 200
FOR THREE BECAUSE I DIDN'T GET
THE MIC RIGHT EITHER. UM SO WE
NEED A COMPUTER SCIENCE EXPERT
HERE. GOD IT. ALL RIGHT. HEY,
BRANDY NÓ, OK? SHE'S TAKING
PICTURES OF THIS, BY THE WAY,
JUST FOR THE RECORD. OK SO WE
CAN CLONE PEOPLE'S VOICES HIGHLY
REALISTIC. YOU SAW THIS IN NEW
HAMPSHIRE, UH, WITH THE BIDEN
ROBOCALLS, UM WHICH, BY THE WAY,
I, A MAGICIAN IN NEW ORLEANS WAS
PAID 100 AND $50 TO CREATE THAT,
UM, AUDIO. YOU CAN'T MAKE THIS
NEW STORY UP BY THE WAY. UM AND
THE VIDEO FRONT NEXT SLIDE,
PLEASE. I DON'T I'M NOT EVEN
GONNA TRY TO PLAY THE VIDEO. NOT
ONLY CAN I GENERATE AUDIO OF
ANDERSON COOPER, UH SPEAKING,
YOU CAN GO TO THE NEXT SLIDE. I
CAN NOW GET HIM TO SAY THOSE
WORDS SO I CAN CREATE SO CALLED
LIP SYNC DEEP FAKES WHERE I
MODIFY JUST HIS MOUTH FROM
ANOTHER VIDEO, AND I CAN MAKE
HIM SAY ANYTHING I WANT AND
WE'VE SEEN EXAMPLE, AFTER
EXAMPLE OF THIS BEING USED FOR
SCAMS AND FRAUDS. WE'RE SEEING
FACE SWAP DEEP FACE WHERE THE
ENTIRE FACE IS REPLACED TO
CREATE NON CONSENSUAL SEXUAL
IMAGE. AND PUSH DISINFORMATION
CAMPAIGN NEXT SLIDE, PLEASE. YOU
CAN SKIP THE VIDEO. AH, IT
DOESN'T MATTER. UM, IT'S JUST
BASICALLY ANDERSON CALL CALLING
FOR THIS. IT'S OK. IT'S
BASICALLY ANDERSON CALLING ME A
BECAUSE THIS IS WHAT MY STUDENTS
DO FOR FUN. UM SO, UH, YOU'VE
ALREADY TALKED ABOUT NON
CONCEPTUAL SEXUAL IMAGERY. TH
THIS STUFF IS BEING USED. IT IS.
YOU HAVE TO UNDERSTAND THAT THIS
TECHNOLOGY IS NOT HARD TO USE
FOR MOST PEOPLE. IT'S JUST A
MATTER OF GOING TO A WEBSITE.
EITHER IT'S FREE OR YOU PAY FOR
A FEW DOLLARS AND YOU CAN NOW
CREATE ALMOST ANYTHING NEXT
SLIDE, PLEASE. SO UH, IF WE CAN
PLAY THIS, THIS WOULD BE REALLY
GREAT. UM, IF YOU CAN IS DUST IN
THE WIND, DUDE. OK THE VIDEO
DIDN'T PLAY SO WE CAN ALSO
CREATE Ó FOUR. WE CAN ALSO
CREATE, UH, DEEP FAKES IN REAL
TIME. SO THIS WAS A ZOOM CALL I
HAD WITH, UH, ONE OF MY FORMER
STUDENTS, ELLIOT, AND AS HE WAS
TALKING TO ME, HIS FACE LOOKED
LIKE KEANU REEVES AND HE WAS
DOING THAT ON HIS PERSONAL
COMPUTER IN REAL TIME. AND IF
YOU MISSED THE STORY A FEW WEEKS
AGO, THERE'S A GUY IN HONG KONG
WHO LOST $25 MILLION. THAT WAS
NOT THE FIRST TIME AND IT WILL
NOT BE THE LAST TIME WE HAVE HÌ
R PROBLEMS WHERE PEOPLE ARE
INTERVIEWING FOR JOBS. UM, AND
IT NOT WHO THEY PURPORT TO BE.
WE ARE SEEING MASSIVE FRAUD. UM
AND THERE WAS ONE IN THE UAE.
THERE WAS ONE IN THE U Kò, AND I
CAN TELL YOU THIS IS HAPPENING
HERE IN THE U S¼, BUT NOBODY'S
TALKING ABOUT IT PUBLICLY
BECAUSE IT'S EMBARRASSING. AND
SO NOW WE CAN CREATE DEEP FAKES
IN REAL TIME, BOTH AUDIO AND
VIDEO, WHICH MEANS THE PHONE
CALLS, YOU'RE GONNA START
GETTING IN THE ZOOM CALLS YOU'RE
GONNA BE ON YOU NOT ARE NOT
GONNA NÓ LONGER KNOW WHETHER
THAT PERSON IS REAL OR NOT NEXT
SLIDE, PLEASE. OK, THAT'S THE
HONG KONG ONE NEXT SLIDE,
PLEASE. SO I WANNA SPEND THE
LAST THREE MINUTES THAT I HAVE
TALKING A LITTLE BIT ABOUT
THREATS AND MITIGATION. SO I'VE
ALREADY MENTIONED A FEW OF THEM.
UH YOU ARE SEEING, UH, SMALL
SCALE AND LARGE SCALE FRAUD
INDIVIDUALS. GRANDMOTHERS ARE
GETTING PHONE CALLS FROM THEIR
GRANDSONS PURPORTING TO BE THEIR
GRANDSONS AND THEN SCAMMING THEM
OUT OF THOUSANDS OF DOLLARS,
SAYING THEY'RE IN TROUBLE. WE
GOT THE BIG MULTIMILLION DOLLAR
SCAMS HAPPENING AT THE
ORGANIZATION LEVEL. UM WE ARE
SEEING DISINFORMATION CAMPAIGNS
BEING PUSHED AROUND THE
CAMPAIGNS AROUND ELECTIONS NOT
JUST HERE BUT AROUND THE WORLD.
WE ARE SEEING THIS GENERAL
EROSION OF TRUST. AND HERE'S THE
BIG ONE THAT YOU NEED TO THINK
ABOUT IS THAT IF WE ENTER THIS
WORLD WHERE ANYTHING CAN BE FAKE
ANYTHING YOU READ ANYTHING. YOU
SEE ANYTHING YOU HEAR? WELL
NOTHING HAS TO BE REAL. WE HAVE
PLAUSIBLE DENIABILITY. THE
ACCESS HOLLYWOOD TAPE OF THEN
CANDIDATE TRUMP IN 2016 SAYING
WHAT HE DOES TO WOMEN. HE
DOESN'T HAVE TO COP TO THAT
ANYMORE. IT'S A DEEP FAKE, RIGHT
? HOW ARE WE GOING TO DEAL WITH
THIS IN THE COURTS? HOW ARE WE
GOING TO DEAL WITH AN ELECTION?
HOW ARE WE GOING TO TRUST
ANYTHING THAT WE READ? IN SEE
ONLINE AND THAT EROSION OF
TRUST, I THINK IS A WORRISOME
NEXT SLIDE. AND SO IN THE LAST
FEW MINUTES, I JUST WANT TO TALK
A LITTLE BIT ABOUT
INTERVENTIONS. SO THERE'S A
COUPLE OF PLACES THAT YOU CAN
COME IN. BUT LET ME JUST START
WITH THE CHALLENGES. I THINK
THEY'RE OBVIOUS. IT IS A FAST
MOVING SPACE. THERE ARE SOME BIG
PLAYERS IN THE SPACE THERE IS IN
THE OPEN A I S¼ BUT THERE IS A
HUGE, ENORMOUS OPEN SOURCE
COMMUNITY AROUND THE WORLD
DEVELOPING THESE TECHNOLOGIES,
MAKING THEM FREELY AVAILABLE AND
SO REGULATE ALL YOU WANT. BUT
THE 17 YEAR OLDS AND OUTSIDE THE
U S¼ DON'T CARE ABOUT YOUR
REGULATION, AND THAT'S GOING TO
BE A VERY HARD LIFT. UM AND THAT
I. I DON'T HAVE A GREAT ANSWER
FOR BUT WE SHOULD TALK ABOUT IT.
I THINK THAT THERE ARE
LEGISLATIVE INTERVENTIONS AND WE
SHOULD TALK ABOUT THAT. BUT ONE
OF THEM THAT I WANT TO POINT TO,
AND THIS IS GOING TO GET BACK TO
THE NON CONSENSUAL SEXUAL
IMAGERY IS YOU'RE NOT GONNA STOP
15 YEAR OLDS FROM CREATING THIS
CONTENT. UM, YOU ARE NOT GOING
TO PULL DOWN EVERY SINGLE OPEN
SOURCE MODEL THAT CREATES NON
CONSENSUAL SEXUAL IMAGERY OFF
THE INTERNET. UM YOU'RE NOT
GONNA BE ABLE TO REGULATE YOUR
WAY OUT OF THIS, BUT THERE ARE
CHOKE CHOKE POINTS AND THE CHOKE
POINTS ARE THAT PEOPLE ARE
MONETIZING THIS. THERE ARE FOUR
LARGE FINANCIAL INSTITUTIONS.
VISA MASTERCARD, AMERICAN
EXPRESS PAYPAL THAT IF THEY CUT
OFF THE FEED TO THESE SERVICES,
THEN. DOWNSTREAM THEY GET MUCH
NOW THEY GOT TO MOVE TO CRYPTO
AND I'M GOING TO DECLARE
SUCCESS, SO YOU SHOULD THINK
ABOUT CHOKE POINTS IN THE
TECHNOLOGY SECTOR BECAUSE IT'S
NOT JUST THAT PEOPLE CAN CREATE
THIS. THEY HAVE TO HAVE A
PRESENCE ON THE INTERNET.
SOMEBODY IS HOSTING THEIR
SERVICE. THEY'RE USING CLOUD
COMPUTING. THEY'RE USING
FINANCIAL SERVICES, SO THINK
ABOUT THE ENTIRE ECOSYSTEM. NOT
JUST THAT CORE. A I, UM, UM SET
BECAUSE THOSE ARE GONNA BE BAD
ACTORS, BUT THERE ARE GOOD
ACTORS EITHER INTENTIONALLY OR
UNINTENTIONALLY PROPPING THEM
UP. UM ALSO ON WE SHOULD BE
TALKING ABOUT VERY SERIOUSLY
ABOUT COPYRIGHT INFRINGEMENT AND
INTELLECTUAL PROPERTY. UH
BECAUSE I HAVE 17 SECONDS. UM
AND I SAW YOU'RE LOOKING AT YOUR
WATCH. UM SO WE SHOULD BE
TALKING VERY SERIOUSLY ABOUT, UM
, CONTENT CREATORS RIGHTS ON THE
VAST MAJORITY OF WHAT WE ARE
TALKING ABOUT. IN THE GENERAL OF
THE I SPACE HAS BEEN CREATED BY
INDISCRIMINATELY SCRAPING THE
INTERNET FOR A LOT OF PEOPLE'S
CONTENT. THANK YOU VERY MUCH. I
MEAN, WE'RE LAX AROUND HERE. WE
GIVE PEOPLE SOME EXTRA MINUTES.
IF YOU HAD ANYTHING TO ADD, NÓ.
I THINK I GOT ALL THE VIDEOS
DIDN'T PLAY SO I HAD OK, OK, I
APPRECIATE THAT. I THINK YOUR
POINT AROUND THE SHOW CALLED
JOKE POINTS IS A REALLY
IMPORTANT ONE. AND I WOULD SAY
THAT SOME OF THE STUFF IS MORE
THAN WORRISOME. I THINK OUR
DEMOCRACY IS REALLY ON THE LINE.
AND I THINK WE SAW THAT COMING
OUT OF UM YOU KNOW THE RECENT
WAR IN THE MIDDLE EAST. THIS AT
THE BEGINNING, N. NOBODY
KNOWING RIGHT? WHAT INFORMATION
FLOWING WAS LEGITIMATE AND WHAT
WASN'T AND THAT'S A REALLY SCARY
WORLD TO LIVE IN. I THINK THAT'S
RIGHT AND JUST TO CONTRAST THAT
WHEN UKRAINE STARTED TWO YEARS
AGO, WE SAW A LITTLE BIT OF
DISINFORMATION A LITTLE BIT OF
DEF, BUT IT WAS NOTHING. IT WAS
NOTHING COMPARED TO WHAT
HAPPENED IN GAZA. AND SO YOU SAW
THAT OVER THE LAST TWO YEARS
THAT AND IT JUST POISONED THE
WELL SO THINGS THAT WERE REAL
WERE BEING CLAIMED AS FAKE
THINGS WERE FAKE WERE BEING
CLAIMED AS REAL AND EVERYBODY
JUST GIVES UP AT THAT POINT.
AWESOME THANK YOU. OK, PROFESSOR
LABELLE ON TO YOU. THANK YOU.
OH, YOU'RE MIC BUTTON. OKAY?
THANK YOU CHAIR AND THANK YOU,
UH, MEMBERS OF COMMITTEE MY CO
PANELISTS. I'M REALLY HAPPY TO
BE HERE TO TALK TO YOU ABOUT A I
TECHNOLOGY PRIVACY. UH, I, UH.
DON'T EVEN HAVE A POWERPOINT. SO
PROFESSOR FARID WAS TALKING
ABOUT HIS, UH, TECH FAILS. I
FAILED TO SEND IT FOR A DAY
CALENDAR DAYS IN ADVANCE, AND
WHEN I SENT IT, IT WAS NOT
APPROVED. SO YOU'LL HAVE TO
IMAGINE ALL, UH, MY IMAGES, BUT,
UM, I'M ALSO GOING TO STEP BACK.
UH PROFESSOR FARID WAS, UM,
MOVING TO THE MORE NARROW
QUESTION OF DEEP FAKES AND
IMAGES AND TRUST OF, UM,
GENERATIVE A I. I WANNA TALK,
UH, AS A BEHAVIOR. UH, SCIENTIST
AND, UM, SOMEBODY WHO STUDIES
LAW AND POLICY, UH AND
COLLABORATES WITH ECONOMISTS AND
SOCIAL PSYCHOLOGIST, UM, TO
THINK ABOUT HOW WE THINK WE'RE
THINKING ABOUT REGULATING A I
AND, UM TO THINK VERY SERIOUSLY
ABOUT HOW WE CAN DIRECT LINE
POLICY, UH, TO POSITIVELY IMPACT
HUMAN IN ORGANIZATIONAL BEHAVIOR
IN HUMAN MACHINE INTERACTION, SO
UM, WE'VE HEARD ALREADY ABOUT
THE DAZZLING RANGE OF BILLS THAT
ARE RIGHT NOW BEFORE THE
LEGISLATOR, UM, THE RACE TO
REGULATION. UM THERE IS ALSO
VERY MUCH KIND OF THIS.
PENDULUM. UM. SWING THAT WE
HEARD FROM OUR COLLEAGUE FROM
THE EU ABOUT, UH, YOU KNOW, WHY
HAS THE EU MOVED SO QUICKLY TO
UH LEGISLATE? AND NOW WHY HASN'T
IT REMOVED? UH QUICK ENOUGH. UM
AND I THINK THAT THERE'S ALSO
THIS KIND OF PENDULUM IN HOW
PEOPLE THINK ABOUT A I IS IT. UM
FOR GOOD. IS IT? UH, PRODUCING
MORE RISKS AND PROBLEMS AND WHAT
IS VERY IMPORTANT TO ME? UH, IS
THAT WE HAVE INFORMED
CONVERSATION. ABOUT WHAT WE ARE
TALKING ABOUT. SO WE HAD A LOT
OF, UM GOOD PRESENTATIONS ABOUT
THE DEFINITIONS OF A I, BUT, UM,
I ALSO THINK THAT WE NEED TO
THINK ABOUT HOW DO WE, UM, THINK
ABOUT THE RISKS, THE BENEFITS
AND THE POTENTIALS? HOW DO WE
THINK ABOUT THE BALANCE OF
SHIFTING TO AUTOMATED SYSTEMS?
UM I IN MY RESEARCH HAVE BEEN
DOCUMENTING VAST, UM, POTENTIAL
OF A I SO POTENTIAL TO INCREASE
ACCURACY AND ACCESS AND
KNOWLEDGE. UM EFFICIENCIES
CONSISTENCY IN, UM, REALLY EVERY
FIELD OF OUR LIVES AND IN BOTH
THE PUBLIC AND THE PRIVATE
SECTORS NOW TO GIVE JUST, UH, A
FEW EXAMPLES OF THE NUMEROUS
DEVELOPMENTS THAT ARE RIGHT NOW
HAPPENING IN, UM, A I. THAT HAVE
POTENTIAL TO IMPROVE LIVES AND
REGIONS. UM THESE REALLY AGAIN
SPAN EVERY ASPECT OF OUR LIVES,
BUT, UM, I THINK, UM, VERY
OBVIOUSLY. HEALTH AND MEDICINE.
UM THE F Dð A HAS ALREADY
APPROVED HUNDREDS OF, UM, A I
BASED MEDICAL DEVICES SPANNING
FROM RADIOLOGY AND DIAGNOSTICS
TO PROCEDURES. UM AND ONGOING
PATIENT CARE, UH, IN MY WORK ON
EMPLOYMENT PROCESSES. UH, UH,
BEEN VERY INTERESTED IN HOW
COMPANIES ARE USING A I, UH TO
CREATE BROADER POOLS OF
APPLICANTS, UH, TO CREATE MORE
DIVERSITY IN HIRING AND
RETENTION TO, UH, USE A I TO SEE
, UH, PAY GAPS. UH, GENDER AND
RACIAL PAY INEQUITIES THAT, UH,
ARE NOT SEEN PERHAPS BY, UH,
HUMAN DECISION MAKERS, UM AND
MANY OTHER EXAMPLES AGAIN. IT
WAS A LAW PROFESSOR I. I THINK A
LOT ABOUT, UM, ACCESS TO JUSTICE
. UM AND, UH, LEGAL TECH THAT
HAS THE POTENTIAL TO INCREASE.
UM, THE SERVICES THAT ARE
PROVIDED TO, UH LOW WAGE. UH UH
UH, WORKERS AND WHEN THEY NEED
ACCESS TO JUSTICE TO IMMIGRANTS,
UH, E EXAMPLES IN EDUCATION, UM
AND ALSO ALLEVIATING GOVERNMENT,
UH, WORK AND HELPING CREATE A
MORE COMPLIANCE AND EFFICIENCIES
AND ENFORCEMENT. UM, AND AT THE
SAME TIME THERE IS, OF COURSE
CONCERNS. UM AND, UH, A LOT OF
THE TIMES THE CONCERNS ABOUT A I
RISKS OR A I, UH HARMS OR FAILS
ARE JUSTIFIED AND REAL. UM BUT,
UH, AT TIMES, UH, WE'VE
DOCUMENTED HOW THEY ARE
DISTORTED AND SOME OF THE FEARS
ARE IRRATIONAL, OR THEY'RE
FOCUSING NOT OF THE A. I THAT'S
HERE, BUT KIND OF THE TERMINATOR
EFFECT OF YOU KNOW, THE A I.
THAT'S NOT HERE THAT WE'VE WE'VE
ALREADY KIND OF MENTIONED THIS,
YOU KNOW, WANTING TO REGULATE
WHAT WE DO HAVE AND NOT KIND OF
FEARING THE UM UH, YOU DIDN'T
TECHNOLOGY THAT HAS NOT BEEN
DEVELOPED. UM NOT THAT WE
SHOULDN'T THINK ABOUT IT. BUT WE
SHOULD DEFINITELY, UM, BE MOST
FOCUSED ON WHAT YOU KNOW IT IS
ACTUALLY BEFORE US, UM SO I
THINK IT'S HELPFUL TO, UH,
PRESENT FIVE DIFFERENT, UM, WAYS
THAT LEGISLATORS AND
POLICYMAKERS, UM CAN THINK MORE
RATIONALLY ABOUT A I READINESS,
UM, FOR DEPLOYMENT. UM AND THE
KIND OF THEREBY YOU KNOW HOW TO
REGULATE IT. WHAT TO REGULATE?
UM SO ONE IS TO INSIST, UH,
CONSTANTLY ON A COMPARATIVE
ADVANTAGE. QUESTION UH, THERE
IS, UH, IN A LOT OF THESE. AREAS
OF REGULATION. THERE IS A
TENDENCY TO HOLD A DOUBLE
STANDARD, UM, TO DEMAND
PERFECTION FROM A I APPLICATIONS
THAT IS NOT DEMANDED FROM HUMAN
DECISION MAKERS. UH YOU SEE THIS
, FOR EXAMPLE, IN THE QUESTION
OF, UH, BIAS, UH, AGAIN IS
ALREADY MENTIONED. THERE'S MANY
TYPES OF BIASES BUT AS SOMEBODY
WHO'S BEEN TEACHING EMPLOYMENT
DISCRIMINATION FOR TWO DECADES,
AND, UM, YOU KNOW, BEING VERY
FRUSTRATED FOR BY THE STAGNATING
GENDER AND RACIAL PAY GAP. YOU
SEE THAT, UM, YOU KNOW, THERE'S
POTENTIAL HERE ACTUALLY, TO
CLOSE THE GAP, UM, AND TO BE
MORE INCLUSIVE IN HIRING
PROCESSES, AND THE QUESTION
AGAIN IS NOT WHETHER A I IS BIAS
FREE, BUT WHETHER IT'S
OUTPERFORMING THE HUMAN SYSTEM.
UM YOU KNOW, THE HÌ R PERSON
WHO'S DOING SORTING UM AND IN
FACT, THE COMPARATIVE ADVANTAGE
QUESTION ALSO RELATES TO THIS
QUESTION OF WHETHER A I IS
REALLY A BLACK BOX AND AGAIN,
OUR FIRST SPEAKER SAID, YOU
KNOW, SHE WOULD DENY THE FACT
THAT IT IS A BLACK BOX. THERE
ARE WAYS THERE ARE MANY, UH,
ADVANCED WAYS TO AUDIT AND TO
SEE YOU KNOW WHAT'S BEHIND THE
RECOMMENDING SYSTEM, UM WHEREAS
AGAIN STUDYING HUMAN BEHAVIOR,
WE KNOW THAT OUR TINY ALGORITHM
CALLED BRAIN IS A BLACK BOX, AND
IT'S VERY DIFFICULT EVEN FOR OUR
OWN. TO UNDERSTAND YOU KNOW OUR
UNCONSCIOUS BIASES AND TO DO
BIAS SO AGAIN, INSISTING ON A
COMPARATIVE ADVANTAGE A SECOND
WAY THAT WE NEED TO BE, UM,
REALLY CAREFUL. UM IN HOW WE'RE
THINKING ABOUT A I WHEN WE WANT
TO LEGISLATE AND REGULATE IS
UNDERSTANDING THE SOURCE OF
FAILS AND NOT THINKING ABOUT A I
STATIC, SO I SEE A LOT IN MY
RESEARCH. UM THE KIND OF
REHASHING OF THE SAME, UM,
STORIES OF FAIL. EXAMPLE WITH
FACIAL RECOGNITION, YOU'LL SEE,
UM A AN AGENCY REPORT. THAT'S
CITING UH, DECADE OLD, YOU KNOW,
STUDY ABOUT A FACIAL RECOGNITION
SYSTEM THAT, UM DOES BETTER ON
CERTAIN DEMOGRAPHICS AND WORSE
IN OTHER DEMOGRAPHICS, UM, THAT,
ACTUALLY, UH IF WE UNDERSTAND
THE SOURCE OF THE FAIL AND THE
BIASES THAT'S A RELATIVELY EASY
CORRECTION OF FEEDING MORE DATA
TO, UM THE SYSTEM AND CREATING
MORE ACCURACY ACROSS, UM THE
DIFFERENT RECOGNITION. THE
DEMOGRAPHICS. UM SOME OTHER UH,
YOU KNOW, SOURCES OF BIAS, OF
COURSE, ARE NOT, UM, THE ONES
THAT THE TECHNOLOGY CAN CORRECT
BECAUSE THEY'RE SIMPLY KIND OF
BEING REFLECTED BY THE A. I BUT
BUT THEY ARE SOURCED IN SOCIETAL
, DEEP SOCIETAL INEQUITIES. AND
THERE TOO. WE CAN'T EXPECT, UM,
KIND OF EVERYTHING FROM THE
TECHNOLOGY. IF YOU KNOW IF, IF,
UH OUR EDUCATION SYSTEMS ARE
INEQUITY UM, WE CAN'T EXPECT TO
NOW HAVE YOU KNOW AN A I THAT
REMOVES, UH, YOU KNOW ALL OF
EARLY EDUCATION AT THE POINT OF
HIGHER EDUCATION AND HAVE YOU
KNOW A SYSTEM? UM THAT DOESN'T
KIND OF MIRROR BACK OUR
INEQUITIES. WE NEED TO ADDRESS
THEM, BUT IT WON'T NECESSARILY
BE A TECHNICAL SOLUTION. RIGHT
UM, IT WON'T BE A TECHNOLOGY,
UM, FAIL. OR SUCCESS IN IN THAT
SENSE, UM, THE THIRD, UH, THING
THAT I THINK IS REALLY IMPORTANT
FOR A LEGISLATORS. TO ALWAYS
KEEP IN MIND IS, UM SCALABILITY
AND CONSIDER SCARCITY. I THINK
IT'S HUBRIS. UM TO, UM EVEN WHEN
THERE'S KIND OF THIS
UNDERSTANDING OF A COMPARATIVE
ADVANTAGE TO THINK, FOR EXAMPLE
OF, UM, INTRODUCING AUTOMATION
IN THE MEDICAL FIELD OR THE
LEGAL FIELD TO SAY, WELL, IF YOU
TOOK THE TWO MOST COMPETENT
LITIGATORS. IN THE NATION OR THE
TWO BEST RADIOLOGISTS IN THE
NATION. YOU KNOW, THEY'RE STILL
OUTPERFORMING THIS SPOT. THAT IS
, UH, DOING THE WORK. UH, THIS,
UM YOU KNOW, CHAT, GP Tð OR OR
WHATEVER IT IS THAT'S UH,
CREATING A DOCUMENT. UM THE Y.
WE HAVE TO BE VERY, UM,
CONSCIOUS AND PRAGMATIC AND, UM
A FRANK ABOUT YOU KNOW WHO HAS
ACCESS TO, UH, THESE, YOU KNOW,
UH, PROFESSIONALS AND WE NEED TO
THINK ABOUT YOU KNOW THESE COSTS
AND THE ABILITY TO SCALE UH, NEW
TECHNOLOGIES TO CREATE MORE
INCLUSION. UM, THE FOURTH. WAY
THAT I THINK IS REALLY IMPORTANT
FOR TO KIND OF INSIST, UM, AS A
POLICY MAKER ON UM HOW TO
LEGISLATE A. I IS TO AVOID
CONFLATING, UM, THE READINESS
AND THE SAFETY OF THE TECHNOLOGY
ITSELF AND ITS IMPACT AND IT'S
SOCIETAL IMPACT. BOTH ARE
IMPORTANT, BUT THEY'RE SEPARATE
QUESTIONS. AND THE EXAMPLE THAT
I WOULD GIVE IS, UM THE MOST
RECENT, UM UH, PROCESS THAT
HAPPENED HERE IN CALIFORNIA.
WHERE UM, THERE WAS, UH, YOU
KNOW THIS QUESTION ABOUT SELF
DRIVING AUTONOMOUS TRUCKS AND,
UH, THE QUESTION ABOUT, UM, THE
SAFETY OF THESE VEHICLES ON THE
ROAD BEING AUTONOMOUS IS
SEPARATE AND DIFFERENT FROM THE
QUESTION OF THE LOSS OF JOBS. UM
BOTH AGAIN ARE IMPORTANT. BUT UM
, I WOULD URGE, YOU KNOW, ALWAYS
ASKING THE QUESTION OF, UM YOU
KNOW WHAT ARE WE? WHAT? IT IS
WE'RE TRYING TO PREVENT AND WHEN
WE'RE TALKING ABOUT BOTH KIND OF
ASPECTS TOGETHER. WE CONFLATE
THEM, UH, I THINK THERE'S A LOT
OF INCONSISTENCIES AND HARMS
THAT CAN CRE, UH, BE
REINTRODUCED BY LEGISLATION. AND
UM, FINALLY, I THINK THAT WE SEE
A LOT OF THESE, UM KIND OF
ASSUMPTIONS ABOUT PRIVACY AGAIN.
THIS COMMITTEE IS VERY
INTERESTED IN. UH OF COURSE I N
PRIVACY. AND AS IT SHOULD BE, UM
I THINK THAT THERE ARE MANY
DIFFERENT DEFINITIONS OF PRIVACY
, UM, AND KIND OF WAYS TO CREATE
PRIVACY. UM I WE'VE HEARD
ALREADY THE TERMS. UH DATA
MINIMIZATION, BUT I THINK THAT
IN MANY WAYS THERE, UH, NEEDS TO
BE MORE OF A FOCUS ABOUT MISUSES
OF INFORMATION THESE DAYS,
BECAUSE, UM, BECAUSE THESE
TECHNOLOGIES ARE MOVING SO FAST
BECAUSE OF THEIR YOU KNOW, UH,
SUCH STRONG COMPETENCIES. UH,
IT'S BECOME MORE AND MORE
DIFFICULT TO BLIND SYSTEMS. UM,
SO THIS IS KIND OF WHAT WE CALL
THE INPUT FALLACY. IT'S HARD TO,
UM JUST TELL THEM, YOU KNOW,
DON'T CONSIDER A DIFFERENT
ASPECTS THAT DON'T COLLECT
DIFFERENT INFORMATIONS BECAUSE
OF ALL THE PROXIES THAT ARE
CREATED ARE COLLECTED AND, UH,
DETECTED. UH, I THINK IT'S
REALLY IMPORTANT TO LOOK AT. UM
HOW DO WE THINK ABOUT EQUITIES
IN IN EFFECT IN HOW THEY'RE
THEY'RE MAKING THEIR
RECOMMENDATIONS AND AUDITING
KIND OF THE OUTPUTS RATHER THAN,
UH, SIMPLY THE INPUTS. UM AND
ALSO I THINK IT'S A REAL
OPPORTUNITY RIGHT NOW TO BE
INSISTENT ON NOT JUST HAVING THE
LANGUAGE OF PRIVACY, WHICH IS A
FUNDAMENTAL RIGHT IN CALIFORNIA,
AND YOU KNOW ACROSS THE NATION,
BUT THERE IS ALSO A RIGHT TO, UM
BE COUNTED TO BE, UH, IN OUR
SYSTEM TO BE SEEN, AND I THINK
THAT IT'S A MOMENT WHERE WE CAN
THINK ABOUT A I AS AN
OPPORTUNITY TO CORRECT A LOT OF
MISSING DATA. A LOT OF, UM
SKEWED DATA. UH, AS I MENTIONED,
FOR EXAMPLE, WITH, UH, FACIAL
RECOGNITION, BUT BUT MUCH MORE
IMPORTANTLY, YOU KNOW, LIKE
YEARS OF, UM, MISSING DATA SETS,
UH, IN HEALTH THAT, UH, DON'T
COUNT, FOR EXAMPLE, IN CLINICAL
TRIAL, UH, TRIALS, UH, DIFFERENT
DEMOGRAPHICS, UM, THAT HAVE BEEN
TRADITIONALLY EXCLUDED, SO I
THINK WE NEED MORE LANGUAGE OF
USING A I TO BOTH, UH PROTECT
PERSONAL INFORMATION AND PRIVACY
AND AUTONOMY, BUT ALSO TO CREATE
MORE KNOWLEDGE AND TO SEE AND TO
INCLUDE COMMUNITIES AND
INDIVIDUALS THAT HAVE NOT BEEN
INCLUDED. UM SO I'LL END HERE,
BUT I'LL JUST SAY THAT. UM UH,
THERE I. I THINK ABOUT
REGULATION AS A PYRAMID. IT
ALWAYS HAS BEEN A PYRAMID. BUT
EVEN MORE SO WITH A I WHERE THE
TECHNOLOGY IS SO NEW, CHANGING,
DYNAMIC COMPLEX APPLIED IN ALL
SECTORS. I THINK IT'S VERY
IMPORTANT AS WE'VE HEARD TODAY
TO THINK ABOUT TEST BEDS AND, UM
, SANDBOX AND ALL THESE, UH, YOU
KNOW, KIND OF EXPERIMENTATION,
UH, TERMS AND NOT JUST KIND OF
THINKING. UH BINARY, YOU KNOW,
LET'S EITHER YOU KNOW, UH, SLOW
DOWN, OR BÀN IN TECHNOLOGY START
APPLICATIONS. UM UH OR VERSUS
KIND OF ALLOW, UH, PRIVATE
INDUSTRY TO RUN FREE. THANKS.
THANK YOU. UM AND I APPRECIATE.
THAT I WILL SAY THAT ONE THING
THAT I THINK WE ARE VERY
COGNITIVE OF IS SOME OF THE DATA
SETS THAT YOU ARE DISCUSSING
THAT DON'T CONTAIN THE DIVERSITY
THAT WOULD DE DEAL WITH IDEAL
OUTCOMES COMES FROM GENERATIONS
OF MISTREATMENT AND HARM THAT
HAVE CAUSED THOSE INDIVIDUALS TO
CHOOSE NOT TO BE PART OF, SAY,
CLINICAL TRIALS AND THAT IT IS
REALLY CRITICAL FOR US TO
RECOGNIZE THAT TO RESPECT IT,
AND TO MAKE SURE THAT WE ARE
ENSURING THAT PEOPLE'S RIGHTS,
UM TO BE INCLUDED OR NOT
INCLUDED, ARE, UM,
ACKNOWLEDGMENT PLACE OF WHERE
THEY'RE COMING FROM. UM, AND
SOME OF THAT IS FROM GENERATIONS
OF TRAUMA. UM WITH THAT, UM, I
WILL TURN IT OVER TO SIR FEDLER
WHO SHOULD BE ONLINE. I SEE S¼ F
ON THE SCREEN, SO I THINK ONCE
YOU TALK SEE YOU, PROFESSOR. HØI
. HØI EVERYONE. CAN YOU SEE ME
AND HEAR ME? OK, WE CAN GOOD TO
SEE YOU. OK GREAT. UH, THANKS SO
MUCH FOR HAVING ME HERE. UM, AND
I'M SORRY NOT TO BE THERE WITH
YOU IN PERSON. UM I'M SURE
FEDLER I'M A COMPUTER SCIENCE
PROFESSOR AT HAVERFORD COLLEGE,
AND I'M THE FORMER ASSISTANT
DIRECTOR FOR DATA AND DEMOCRACY
AT THE WHITE HOUSE OFFICE OF
SCIENCE AND TECHNOLOGY POLICY.
I'M ALSO A RESEARCHER IN A I
I'VE BEEN DOING RESPONSIBLE A I
RESEARCH FOR ABOUT 10 YEARS. AND
BEFORE THAT I WAS A CALIFORNIA
RESIDENT WHERE I WAS A SOFTWARE
ENGINEER AT ALPHABET. UM SO I'M
SPEAKING FROM ALL OF THESE
PERSPECTIVES, UM I THINK THERE
SHOULD BE SOME SLIDES. THERE WE
GO. OK, GREAT. UM. SO I WANTED
TO START BY JUST MAKING IT A
LITTLE BIT CONCRETE. WHAT SOME
OF THE CURRENT A I APPLICATIONS
ARE THAT WE'RE REALLY TALKING
ABOUT. UM SO YOU KNOW, A FEW
FROM MY OWN RESEARCH. I'VE DONE
RESEARCH ON ACCELERATING THE
DEVELOPMENT OF MATERIALS THAT
CAN BE USED FOR SOLAR CELLS. UH,
WORKING WITH MATERIAL SCIENTISTS
. UM, I'VE ALSO DONE WORK THAT
TRIES TO UNDERSTAND THE WAYS
THAT PREDICTIVE POLICING SYSTEMS
FALL SHORT. AND JUST, UH,
FRANKLY, SOMETIMES DON'T WORK,
RIGHT? UM THERE ARE ALSO IF YOU
GO TO THE NEXT SLIDE, UM THERE
ARE ALSO NOW SOME INTERESTING
APPLICATIONS COMING OUT OF
AGRICULTURE. RIGHT WHERE, UM, WE
SEE THE POTENTIAL TO REALLY MAKE
THE MAKE FOOD. PRO PRODUCTION
MORE, UM. MORE EFFICIENT RIGHT
TO BETTER USE THE EXISTING
RESOURCES. ON THE OTHER HAND,
THERE ARE CONCERNS THAT THAT
MIGHT COME AT A COST. UM BUT YOU
KNOW, FOR EXAMPLE, IN A I SYSTEM
THAT IS NOT APPROPRIATELY TESTED
AND APPROPRIATELY TRAINED TO
UNDERSTAND THE ENVIRONMENTAL
IMPACTS OF OVER FERTILIZATION
WILL LEAD. TO ENVIRONMENTAL
IMPACTS AND YOU KNOW OVERUSE OF
THE LAND IN A WAY THAT WILL OVER
THE LONG TERM BE INEFFICIENT.
UM, IF YOU GO TO THE NEXT SLIDE,
WE'RE ALSO SEEING A LOT OF
CONCERN ABOUT AND USE OF A I IN
EMPLOYMENT. UM IN HIRING. SO FOR
EXAMPLE, THERE ARE PRETTY
STANDARD RESUME SCREENING TOOLS
RIGHT. THE TRY TO IDENTIFY
RESUMES, FOR EXAMPLE, BASED ON
LANGUAGE IN THE RESUME THAT
MATCHES EXISTING EMPLOYEES. UM
AND WE'VE SEEN THAT YOU KNOW THE
PUBLIC IS PRETTY UNINTERESTED IN
BEING SCREENED FOR A JOB USING
THESE TOOLS. UM THERE ARE THESE
SAME TYPES OF IMPACTS ARE
ALREADY HAPPENING, UM ALL OVER
THE PLACE ACROSS SECTOR. SO YOU
KNOW, WHATEVER. UH, WHATEVER
SECTOR YOU ARE MOST INTERESTED
IN. IT IS PROBABLY ALREADY BEING
IMPACTED BY A I SO FOR EXAMPLE,
UM, IN HOUSING, WE'VE SEEN
FACIAL RECOGNITION USED TO SORT
OF GATE ENTRY, UM, TO HOUSING
COMPLEXES. WE'VE SEEN, UM THE
SYSTEMS USED IN EDUCATION, SO I
THINK, UH, L. A UNIFIED IS
CURRENTLY TEST STUDYING, UM, THE
USE OF CHAT. IT'S A SORT OF A
WAY TO HAVE SCHOOL ADVISORS. UM
THAT ARE NOT REALLY ADVISORS.
THEY'RE CHATBOTS. UM, WE'VE SEEN
THE USE OF THIS IN CRIMINAL
JUSTICE, BOTH WITH PREDICTIVE
POLICING, BUT ALSO WITH RISK
ASSESSMENTS, UM, TO DETERMINE
WHO'S HIGH RISK AND HELP TO
DETERMINE BAIL. UM WITHIN THE
GOVERNMENT. WE'VE SEEN THE USE
OF THIS TO TRY TO IDENTIFY FRAUD
FOR BENEFITS. ALLOCATION UM, IN
SOME CASES IN WAYS THAT HAVE
GONE TERRIBLY WRONG SO THAT
PEOPLE HAVE BEEN DENIED BENEFITS
THAT THEY ACTUALLY WERE OWED.
UM, SO AND THAT'S JUST A SMALL
TASTE. OF EXAMPLES JUST TO GIVE
YOU A FLAVOR OF REALLY WHAT
WE'RE TALKING ABOUT HERE, UM SO
IF YOU GO TO THE NEXT SLIDE, THE
OBVIOUS QUESTION IS, YOU KNOW
WHAT? WHAT CAN YOU ALL DO ABOUT
IT? UM AND I WOULD SAY THE
ANSWER IS QUITE A LOT, SO I
WANTED TO GIVE YOU SORT OF AN
OVERVIEW OF, UM SOME OF THE
TOOLS, UH, ONE THAT I WAS
INVOLVED IN CREATING, AND THEN
YOU KNOW SOME OTHERS THAT THAT I
JUST ADMIRE FROM AFAR. UM, SO IF
YOU'LL GO TO THE NEXT SLIDE
YOU'LL SEE THE, UM BASIC
PRINCIPLES FROM THE A. I BILL OF
RIGHTS. UM AND THIS CAME OUT OF
THE WHITE HOUSE OFFICE OF
SCIENCE AND TECHNOLOGY POLICY IN
OCTOBER OF 22 AND, UM, AS OTHER
SPEAKERS TODAY HAVE HAVE
DESCRIBED, YOU KNOW, THERE IS
REALLY A LOT OF CONSENSUS ABOUT
THE PRINCIPLES THAT WE SHOULD
REALLY BE EXPECTING OF THESE
TECHNOLOGIES. SO IN OUR CASE,
THERE WERE FIVE OTHER SPEAKERS
HAVE DESCRIBED. YOU KNOW, SEVEN
OR NINE, RIGHT? UM, BUT, YOU
KNOW, THERE'S A LOT OF OVERLAP
BETWEEN THESE PRINCIPLES. SO THE
FIRST IS THAT YOU SHOULD HAVE.
YOU SHOULD BE PROTECTED FROM
UNSAFE OR INEFFECTIVE SYSTEMS.
UM I THINK OF THIS. REALLY AS
YOU KNOW, THE TECHNOLOGY SHOULD
WORK. UM AND THE SECOND IS THAT
YOU SHOULD HAVE PROTECTION FROM
ALGORITHMIC DISCRIMINATION. UM,
THERE SHOULD BE DATA PRIVACY.
YOU SHOULD HAVE NOTICED AN
EXPLANATION. AND THIS IS
ESPECIALLY WHEN A SYSTEM IS
BEING USED IN A WAY THAT
DIRECTLY IMPACTS YOU. AND
FINALLY, THERE SHOULD BE HUMAN
ALTERNATIVES, CONSIDERATION AND
FALL BACK AND I SEE THAT, UH,
LAST PRINCIPLE IS REALLY, UM,
HELPING TO SUPPORT THE OTHER
PRINCIPLES RIGHT? BECAUSE EVEN
IF WE GIVE OUR BEST EFFORT TO
TRY TO MAKE SAFE AND EFFECTIVE
SYSTEMS, THERE ARE GOING TO BE
SOME SMALL PERCENTAGE OF TIMES
WHERE THEY DO FAIL. AND SO THEN
THE QUESTION IS WHAT FORMS OF
HUMAN BASED REDRESS. WHAT
AVENUES FOR APPEAL DO YOU HAVE?
UM AND YOU SHOULD HAVE SUCH
MECHANISMS IN PLACE. IF YOU GO
TO THE NEXT SLIDE. YOU'LL SEE
THAT IN ADDITION TO THESE FIVE
PRINCIPLES WHEN WE RELEASED THE
A I BILL OF RIGHTS. WE ALSO
RELEASED A MUCH LONGER DOCUMENT.
IT'S LIKE A 70 PLUS PAGE
DOCUMENT, AND IN IT, WE TRY TO,
UM YOU KNOW, REALLY HELP
POLICYMAKERS AND YOU KNOW OTHERS
THINK ABOUT THESE, UM, CONCERNS
IN THREE WAYS. SO FIRST WE GIVE
A LOT OF EXAMPLES OF PLACES
WHERE A I IS USED AND SOME OF
THE PROBLEMS THAT WE'VE SEEN.
UM, SO IF YOU'RE INTERESTED IN
HEARING MORE ABOUT ANY OF THE
EXAMPLES THAT I SORT OF
MENTIONED, YOU KNOW, ADMITTEDLY
IN PASSING THAT ANOTHER PLACE TO
FIND THEM. IN THE SECOND SECTION
. WE TALK ABOUT WHAT SHOULD BE
EXPECTED OF AUTOMATED SYSTEMS.
UM, THESE ARE REALLY A
DESCRIPTION OF SORT OF COMMON
SENSE GUARDRAILS THAT CAN AND
SHOULD BE PUT IN PLACE THAT
ALIGN WITH EACH OF THE
PRINCIPLES, RIGHT? ESSENTIALLY
HOW COULD WE GET THERE? UM AND
THEN FINALLY WE TALK ABOUT WAYS
THAT THESE PRINCIPLES ARE
ALREADY BEING PUT INTO PRACTICE.
RIGHT SO THESE ARE EXAMPLES OF
LAWS OR POLICIES OR VOLUNTARY
INDUSTRY PRACTICES THAT ARE
ALREADY THAT HAVE ALREADY BEEN
PUT PLACE THAT START TO GET UP
PUTTING SOME OF THESE
PROTECTIONS INTO PRACTICE. NEXT
SLIDE. SO THINKING ABOUT WHERE
YOU ALL SHOULD START? UM IF I
WERE GOING TO MAKE
RECOMMENDATIONS, UM, YOU KNOW, I
THINK THAT ONE QUESTION THAT I
DO THINK IT'S WORTH ASKING IS
WHETHER THERE ARE ANY RED LIGHTS
THAT YOU HAVE FOR A I USE. UM
YOU KNOW, BECAUSE, OF COURSE,
DECIDING ON A ON A YES OR A NÓ
BASED ON USE, UM, CAN SOMETIMES
BE EASIER THAN THE SORT OF MORE
COMPLEX REGULATIONS RIGHT? SO I
THINK IT'S WORTH THINKING ABOUT.
AS YOU KNOW, THE EU DID WHETHER
THERE ARE ANY ANY USES THAT COME
UNDER. UNACCEPTABLE USE
CATEGORY, UM. BUT FOR THE
MAJORITY OF USES WHAT I WOULD
SAY WHICH I THINK IS ALSO IN
CONSENSUS, WITH EVERYTHING THAT
WE'VE HEARD TODAY IS THAT YOU
SHOULD REALLY FOCUS ON THE
IMPACTS OF THE TECHNOLOGIES AND
NOT ON THE TECHNICAL DETAILS,
RIGHT? UM IT REALLY DOES NOT
MAKE SENSE TO CARE ABOUT WHETHER
SOMEBODY USED A NEURAL NET OR,
YOU KNOW SOME OTHER SYSTEM AND
HOW MANY LAYERS THE NEURAL NET
HAD ANYTHING LIKE THAT IS REALLY
BESIDE THE POINT. WHAT WE CARE
ABOUT IS HOW IT ACTUALLY IMPACTS
PEOPLE, RIGHT HOW IT IMPACTS OUR
RIGHTS. UM HOW IT IMPACTS OUR
SAFETY AND SO ON. UM AND SO, YOU
KNOW, THERE'S A FEW CATEGORIES
THAT I FIND IT USEFUL TO THINK
ABOUT THOSE IMPACTS IN TERMS OF,
UM THE FIRST IS, OF COURSE,
CIVIL RIGHTS THINKING ABOUT
DISCRIMINATION THINKING ABOUT
FORMS OF REDRESS, UM, ESPECIALLY
GIVEN THAT THESE ARE BEING
DEPLOYED AND EMPLOYMENT AND
HOUSING AND EDUCATION AND
CRIMINAL JUSTICE, RIGHT? IT'S
IMPORTANT TO REALLY TAKE THAT
INTO ACCOUNT. UM, THE SECOND
AREA IS THINKING ABOUT SAFETY
AND EFFICACY. DO THESE SYSTEMS
WORK, RIGHT? WHAT DOES IT AND,
UH, FROM A CONSUMER PROTECTION
STANDPOINT, IF THEY DON'T, UM,
OF COURSE YOU ALL ARE ARE ALL
VERY WELL VERSED IN CONCERNS
ABOUT PRIVACY. UM THERE'S ALSO
OTHER SECTOR SPECIFIC CONCERNS,
RIGHT. SO WE MIGHT THINK ABOUT,
YOU KNOW? WHAT DOES THIS MEAN IN
HEALTHCARE? WHAT DOES IT MEAN IN
EDUCATION? ARE THERE EXTRA
PROTECTIONS THAT WE MIGHT WANT
SPECIFIC TO A SECTOR? UM AS YOU
ALL IN CALIFORNIA HAVE SEEN.
THERE'S ALSO A LOT OF IMPACT ON
WORKERS, RIGHT? WE CAN THINK
ABOUT THIS BOTH IN TERMS OF THE
POTENTIAL REPLACEMENT, SO THE
WRITER'S STRIKE BUT ALSO IN
TERMS OF THE RECENT TECH LAYOFFS
, SOME OF WHICH ARE BEING
SPURRED BY THE DESIRE OF
COMPANIES TO BE ABLE TO PUT MORE
MONEY INTO FUNDING THEIR A. I
SYSTEMS AS OPPOSED TO. FUNDING
THEIR WORKERS, RIGHT? UM AND WE
CAN ALSO THINK ABOUT THE SORT OF
HUMANS WHO SERVE US HUMANS IN
THE LOOP FOR PART OF THESE
SYSTEMS, RIGHT? THE HUMANS WHO
ARE WHO ARE PAINSTAKINGLY
LABELING THE DATA, SO THAT A I
CAN BE EFFECTIVE. UM AND FINALLY
, YOU KNOW, I, I WANNA ENCOURAGE
YOU TO THINK AS WELL ABOUT THE
ENVIRONMENTAL IMPACT, SO I THINK
THAT CAN SOMETIMES GET LOST, BUT
I THINK IT'S A REALLY IMPORTANT
PART OF THE PICTURE, ESPECIALLY
AS THESE SYSTEMS GET BIGGER.
THEY TAKE MORE AND MORE ENERGY
AND THEY TAKE MORE AND MORE
WATER. UM SO I WANTED TO MAKE
SURE TO RAISE THAT WITH YOU ALL
TODAY. IF YOU GO TO THE NEXT
SLIDE. SO GETTING SLIGHTLY MORE
SPECIFIC, RIGHT? WHAT DOES THIS
MEAN? UM THIS MEANS THAT YOU
COULD PUT IN PLACE PROVISIONS
THAT PROHIBIT ALGORITHMIC
DISCRIMINATION. YOU COULD
REQUIRE IMPACT ASSESSMENTS,
RIGHT? SO THESE WOULD BE, UM,
TESTING THAT COULD BE DONE
BEFORE DEPLOYMENT SIMILARLY, TO
ENSURE SAFETY AND EFFICACY, YOU
COULD REQUIRE A DUTY OF CARE
PROVISIONS RIGHT THAT MAKE SURE
THE SYSTEMS ARE TESTED SO THAT
THEY'RE SAFE AND EFFECTIVE
BEFORE USE. UM AND, OF COURSE,
IN AN ONGOING WAY IN TERMS OF
PRIVACY. UM, OBVIOUSLY YOU ALL
HAVE VERY STRONG PRIVACY
PROTECTIONS ALREADY. UM I WOULD
ENCOURAGE YOU TO ALSO THINK
ABOUT WHAT THIS LOOKS LIKE. IN
TERMS OF A I WHEN IT COMES TO A
I BASED INFERENCES, UM, AND
WHETHER IT MAKES SENSE TO THINK
ABOUT DESTRUCTION OF MODELS OR
OTHER SORT OF FUTURE PROTECTIVE
REMEDIES. UM FOR TRANSPARENCY.
IT'S REALLY IMPORTANT TO HAVE
THIS, UH, NOTICE AND EXPLANATION
TO INDIVIDUALS AND BROADER
DISCLOSURES THAT HELPS TO
SUPPORT ACCOUNTABILITY. UM, I
MENTIONED ALREADY THE IMPORTANCE
OF HUMAN ALTERNATIVES. PEOPLE
CAN OPT OUT BUT ALSO APPEAL OR
RECEIVE OTHER REMEDIES FROM A I
HARMS AND THEN FINALLY, OF
COURSE, UM, OVERSIGHT AND
ENFORCEMENT RIGHT, INCLUDING
REGULATION AND POTENTIALLY A
PRIVATE RIGHT OF ACTION. HE'LL
GO TO THE NEXT SLIDE. THERE WE
GO, UM. SO JUST QUICKLY. I
WANTED TO GIVE YOU TWO MODELS
FOR WHAT THIS HAS LOOKED LIKE AT
THE FEDERAL LEVEL. UM SO IN
ADDITION TO THE A I BILL OF
RIGHTS, OF COURSE. UM YOU ALL
ARE FAMILIAR WITH THE FACT THAT
THE PRESIDENT RELEASED AN A I
EXECUTIVE ORDER IN THAT
EXECUTIVE ORDER. HE DIRECTED THE
OFFICE OF MANAGEMENT AND BUDGET
TO CREATE GUIDANCE FOR FEDERAL
GOVERNMENT USE OF A I AND THAT
DRAFT GUIDANCE CAME OUT THIS
FALL. SO THIS IS A BRIEF SNIPPET
FROM THAT, AND IN IT, IT, UM
PROVIDES MUCH MORE SPECIFIC
INSTRUCTIONS FOR, UM WHAT
MINIMUM BAR PROTECTIONS NEED TO
BE IN PLACE FOR FEDERAL
GOVERNMENT USE OF RIGHTS
IMPACTING A I AND SAFETY
IMPACTING A. I IS ALSO THE TWO
CATEGORIES THAT YOU'LL SEE ON
THE SCREEN. AND YOU KNOW BROADLY
, YOU CAN THINK ABOUT RIGHTS
IMPACTING A I AS RELATING TO
CIVIL RIGHTS. EQUAL
OPPORTUNITIES IS, UM, ACCESS TO
CRITICAL RESOURCES LIKE
HEALTHCARE, RIGHT? THESE ARE
SORT OF THE, UH PEOPLE FOCUSED
CONCERNS AND THEN IMPACTING A I,
UM INCLUDES, FOR EXAMPLE,
CLIMATE AND THE ENVIRONMENT,
CRITICAL INFRASTRUCTURE AND SO
ON. AND IF YOU GO TO THE NEXT
SLIDE, YOU KNOW, ONE OF THE
INTERESTING THINGS THAT THEY DID
IS IN ADDITION TO THESE
DEFINITIONS, THEY PROVIDED A
LIST OF, UM, PURPOSES THAT ARE
PRESUMED TO BE RIGHTS IMPACTING
SO AGAIN. THIS IS A VERY, UM
IMPACT OF THE TECHNOLOGY FOCUSED
, UH, MECHANISM FOR GUIDANCE,
WHERE THERE'S ESSENTIALLY A LONG
LIST OF, UM. POSSIBLE USE CASES,
RIGHT AND ANY A I THAT COMES
UNDER ONE OF THESE POSSIBLE USE
CASES IS THEN REQUIRED TO MEET
CERTAIN MINIMUM EXPECTATIONS.
UH, SO IF YOU GO TO THE NEXT
SLIDE WILL EVER HAVE JUST A FEW
OF THE MINIMAL EXPECTATIONS.
RIGHT SO IT'S A OBVIOUSLY A MUCH
LONGER MEMO. UM BUT YOU KNOW,
FOR EXAMPLE, IT REQUIRES THAT,
UH THE AGENCY USING A I
INCORPORATE FEEDBACK FROM
INFECTED AFFECTED GROUPS THAT
THEY, UH USE REPRESENTATIVE DATA
THAT THEY PROACTIVELY IDENTIFY
AND REMIT FACTORS CONTRIBUTING
TO ALGORITHMIC EXPLORATION OR
BIAS AND SO ON. UM AND IT
REQUIRES THAT THEY DO THIS OR
STOP USING THE A. I UNTIL IT
BECOMES COMPLIANT. UM AND I
THINK IT'S ALSO REALLY USEFUL TO
NOTE THAT Ó MB IS DOING THIS
AND YOU KNOW WE'LL BE PUTTING IT
IN PLACE AS A REQUIREMENT,
BECAUSE, UH, TO THE EARLIER
CONCERNS AND QUESTIONS ABOUT YOU
KNOW HOW TO AVOID A FRAGMENTED
LANDSCAPE. UM YOU KNOW, IT DOES
LOOK LIKE Ó. MB IS MOVING AHEAD
WITH THIS AND SO ITS SORT OF
USEFUL TO KEEP POTENTIAL
ALIGNMENT WITH THAT IN MIND. UM,
IF YOU GO TO THE NEXT SLIDE.
THERE'S ALSO AN INTERESTING
MODEL OF, UM WHAT THIS COULD
LOOK LIKE AT THE FEDERAL LEVEL,
UM, COMING OUT OF THE LAWYERS
COMMITTEE AND AGAIN THERE THEY
TAKE AN IMPACT BASED APPROACH TO
THINKING ABOUT THE COVERAGE. UM
SO THERE'S A CONSEQUENTIAL
ACTION DEFINITION. WHICH, OF
COURSE, UH, ALSO BEARS SOME
RESEMBLANCE TO A THREE 31 AND
YOU'LL SEE THAT IT LISTS YOU
KNOW, EMPLOYMENT AND EDUCATION
AND HOUSING AND ALL OF THESE
OTHER IMPORTANT SECTORS. UM AND
THEN, FINALLY, ALSO FROM ON THE
NEXT SLIDE. YES THANK YOU, UM,
ALSO FROM THIS MODEL LEGISLATION
. THEY INCLUDE A DUTY OF CARE
PROVISION THAT GETS AT SOME OF
THESE SAFETY AND EFFICACY
CONCERNS AND REQUIRES
PREEMPTIVELY TESTING IN A WAY
THAT I THINK IS A REALLY USEFUL
MODEL. UM, SO IF YOU GO TO THE
LAST SLIDE. THANK YOU. UM, SO
THAT'S JUST A FEW PLACES IN CASE
YOU'RE INTERESTED IN LEARNING
MORE FROM THESE VARIOUS
RESOURCES. THANKS SO MUCH. THANK
YOU. UM I HAVE A FEW QUESTIONS.
UM WE'LL START WITH PROFESSOR
FARED ONE OF THE THINGS THAT IS
REALLY HOT IN THE LEGISLATURE
RIGHT NOW IS THE CONVERSATION
AROUND THE WATER MARKING, SO I
WANTED YOU TO TOUCH ON THAT, UM
CAN YOU TALK ABOUT WATERMARKING
STRATEGIES NOW? HOW EFFECTIVE
ARE THEY? AND IS THIS SOMETHING
WE SHOULD BE THINKING ABOUT? YOU
SHOULD DEFINITELY BE THINKING
ABOUT IT, BUT I DON'T THINK IT'S
A SILVER BULLET. SO LET'S TALK
ABOUT DETECTING. UM, A I
GENERATOR MANIPULATED CONTENT.
THERE'S TWO BROAD CATEGORIES.
WHAT WE CALL PROACTIVE AND
REACTIVE. THE REACTIVE IS YOU
WAIT UNTIL SOMETHING GETS ONLINE
REPORTER FINDS IT. THEY SEND IT
TO SOMEBODY LIKE ME. WE ANALYZE
IT AND 24. HOURS LATER, WE SET
THE RECORD STRAIGHT. MEANWHILE
THE STOCK MARKET HAS DROPPED
HALF A TRILLION DOLLARS OR
VOTERS HAVE NOT GONE OUT AND
VOTED. AND SO IT'S MORE MORE OR
LESS A POST MORTEM AT THAT POINT
FOR THINGS THAT MOVE VERY FAST.
SOCIAL MEDIA. IT'S IMPORTANT WE
GOTTA SET THE RECORD STRAIGHT,
EXTREMELY USEFUL IN COURTS OF
LAW WHERE WE HAVE TIME, BUT IT'S
NOT GONNA RESPOND IN THAT SPLIT
SECOND THAT YOU NEED WHEN THINGS
ARE SPREADING ONLINE. THE
PROACTIVE TECHNIQUES OF WHICH
WATERMARKING FALLS INTO THE
CATEGORY CAN WITH SOME CAVEATS,
WHICH I'LL DESCRIBE RESPOND VERY
QUICKLY. SO IMPORTANTLY, THERE
ARE TWO TECHNOLOGIES TO TALK
ABOUT HERE AND OFTEN THE SECOND
ONE GETS DROPPED, AND IT'S
REALLY IMPORTANT. SO WHAT IS A
WATERMARK? A WATERMARK IS
EXACTLY WHAT IT SOUNDS LIKE. IF
YOU LOOK AT A PIECE OF CURRENCY,
YOU INJECT SOMETHING INTO A
PIECE OF CONTENT IN THIS CASE
ITS DIGITAL IN ORDER TO IDENTIFY
DOWNSTREAM THAT CAN BE DONE WITH
GENERATIVE A I CONTENT AND IT
CAN BE DONE WITH REAL CONTENT.
RIGHT. SO THE èC TWO P A
STANDARD IS THE OPEN SOURCE.
LINUX FOUNDATION. MULTI
STAKEHOLDER, UH, STANDARD THAT
HAS BEEN DEVELOPED AND FOR FULL
DISCLOSURE. I'M PART OF THAT
ORGANIZATION. IT'S A NOT FOR
PROFIT ORGANIZATION, AND THEY
ARE SETTING A STANDARD FOR WHAT
THESE WATERMARKS HOW THEY CAN BE
IMPLEMENTED. BUT IMPORTANTLY
WHAT WE KNOW FROM THE LAST 20
YEARS OF TRYING TO PROTECT
COPYRIGHT IS THE WATERMARKS ARE
GOING TO GET RIPPED OUT. IF YOU
PUT A DIGITAL SIGNAL INTO
SOMETHING, UM SOMEBODY'S GONNA
FIGURE OUT HOW TO GET THE
DIGITAL SIGNAL OUT, AND WE KNOW
THIS. IT'S GOING TO GET
ATTACKED. AND SO A SOPHISTICATED
ADVERSARY IS GONNA FIGURE THAT
OUT. SO THE SECOND TECHNOLOGY
YOU NEED IS WHAT'S CALLED
FINGERPRINTING. SO, WHEREAS
WATERMARK INJECTS SOMETHING INTO
THE CONTENT, FINGERPRINTING
EXTRACTS A DISTINCT SIGNATURE
FROM A PIECE OF CONTENT AND THAT
IS STORED SERVER SIDE SECURELY.
AND WHAT THAT MEANS IS THAT IF
YOU HAVE AN ASSET WITH A
WATERMARK THAT GOES OUT IN THE
WILD, AND SOMEBODY PUTS IT UP IN
THEIR BROWSER AND THE WATERMARKS
INTACT, YOU SAY, AH, THIS IS A I
GENERATED OR THIS IS REAL DONE.
BUT IF IT'S NOT THERE, THEN YOU
CAN STILL QUERY BACK TO THE
SERVICE AND SAY WAS THE
WATERMARK RIPPED OUT FROM THIS
AND THEN YOU CAN REATTACH THE
CREDENTIAL WITH THE SIGNATURE
THAT IS STORED SERVER SIDE. IT'S
A MORE COMPLICATED SYSTEM
BECAUSE THERE'S A COMMUNICATION
THAT'S REQUIRED. AND IF YOU
THINK ABOUT AND OPEN THE EYE
THAT IS GENERATING HOW MANY
IMAGES A DAY TENS OF MILLIONS,
IT'S A BIG LIFT, SO WE HAVE TO
BUILD THE INFRASTRUCTURE FOR
THAT. SO I THINK IT'S AN
IMPORTANT TECHNOLOGY AROUND
THINGS LIKE FRAUDS AND SCAMS AND
DISINFORMATION, BUT UNDERSTAND
THAT IT DOESN'T DO ANYTHING FOR
THE NON CONSENSUAL SEXUAL
IMAGERY, BECAUSE ONCE THAT
CONTENT IS OUT THERE GAME OVER.
IT'S NOT A QUESTION OF WHETHER
IT'S REAL OR NOT. IT'S THE HARM
OF THE CONTENT. THE SECOND THING
TO UNDERSTAND IS THAT SURE
YOU'LL GET THE OPEN A I S¼ THE
MICROSOFT, THE GOOGLES AND SOME
OF THE BIG TECH COMPANIES TO
COMPLY WITH THAT. èC Tð P A
STANDARD IT'S FINE. BUT THERE
ARE HUNDREDS OF ORGANIZATIONS
OUTSIDE OF THE U S¼ OPEN SOURCE
THAT ARE NOT GOING TO COMPLY. SO
THAT DOESN'T MEAN YOU SHOULDN'T
DO IT. YOU SHOULD UM, BUT IT'S
NOT THAT. HEY LET'S JUST DO THIS
AND WE'VE SOLVED THE PROBLEM. WE
GENERATED A I. I THINK IT'S PART
OF THE SOLUTION, BUT I DON'T
THINK IT'S ALL THE SOLUTIONS AND
SO GOING BACK TO WHAT YOU SAID
EARLIER AROUND THE CHOKE POINTS.
RIGHT. SO THE CHOKE POINT HERE.
AS I WOULD THINK ABOUT, IT WOULD
BE THE DISSEMINATION POINT
VERSUS THE CREATION POINT, AND
SO PUTTING THE OBLIGATION ON THE
DISSEMINATOR TO ENSURE WHAT IS
BEING PUT OUT THERE IS REAL,
WHICH I THINK IS GOOD FOR
CONSUMERS BECAUSE IT BUILDS
TRUST, WHICH, AS YOU POINT OUT,
IS REALLY CRITICAL, I THINK
WOULD BE THE SMART WAY OF DOING
IT. THOUGHTS ON THAT AND I DON'T
LOOK THERE'S NOTHING
FUNDAMENTALLY WRONG WITH A FAKE
IMAGE. I LOVE THE VIDEOS OF TOM
CRUISE, TIK, TOK. THEY'RE
THEY'RE FANTASTIC, AND I
ENCOURAGE MORE OF THEM. SO IT'S
NOT SO MUCH ABOUT WHAT YOU
PUBLISH HAS TO BE REAL. IT'S
THAT YOU HAVE TO HAVE
TRANSPARENCY AND THE WAY THINK
ABOUT THIS IS AS A NUTRITION
LABEL. I GO TO THE GROCERY STORE
AND I CAN BUY ALL KINDS OF JUNK
FOOD RIGHT. BUT THE GOVERNMENT
HAS SAID THAT IF YOU ARE GOING
TO BUY POTATO CHIPS, THEN YOU
NEED TO KNOW WHAT YOU'RE PUTTING
INTO YOUR BODY, NOT SAYING YOU
CAN OR CAN'T DO IT, AND WE CAN
CHOOSE TO TAX IT MORE OR NOT,
BUT IT'S A NUTRITION LABEL, AND
I THINK INFORMATION SHOULD HAVE
A NUTRITION LABEL. BUT THIS IS
NOT A REAL IMAGE OF PRESIDENT
BIDEN. THIS IS NOT A REAL VIDEO
AND NOT A REAL AUDIO. AND 100%
AGREE WITH YOU THAT IF YOU
REALLY WANNA ASK, WHERE IS THE
HARM? YOU REALLY DO THINK IT'S
THE DISTRIBUTION CHANNELS AND
THAT WE HAVE ALL FALLEN ASLEEP
AT THE WHEEL AT AT THE STATE
LEVEL AND AT THE FEDERAL LEVEL
AROUND DEALING WITH SOCIAL
MEDIA, AND WE SHOULD NOT FORGET
THAT THEY ARE. THEY ARE ESCAPING
A LOT OF SCRUTINY THESE DAYS
BECAUSE WE'RE ALL TALKING ABOUT
A I, BUT THAT IS VERY MUCH PART
OF THE PROBLEM, AND PARTICULARLY
BY THE WAY AROUND NON CONSENSUAL
SEXUAL IMAGERY, WHICH IS JUST
SPREADING LIKE WILDFIRE ON
PLATFORMS LIKE FACEBOOK,
INSTAGRAM AND TWITTER. YEAH,
THANK YOU. I APPRECIATE THAT. UM
AND I GUESS ON TOP OF, SO I
GUESS THE FOLLOW UP TO THAT. OR
MAYBE I SHOULD HAVE ASKED THIS
FIRST. IT SEEMS LIKE RIGHT NOW.
PROACTIVELY THERE'S NOT A WAY
FOR CONSUMERS TO KNOW WHAT IS OK
, THIS WOULD BE GOOD NÓ AND II.
I GET THIS QUESTION ALL THE
TIME. HOW DO I PROTECT MYSELF
FROM A PHONE CALL OR WHAT? I
WATCH ONLINE, AND MY ANSWER IS
YOU CAN'T YOU JUST CAN'T. THE
STUFF IS MOVING WAY TOO FAST.
YOU'RE INGESTING CONTENT WAY TOO
FAST. AND WHATEVER I TELL YOU
TODAY TO LOOK FOR OR TO LISTEN
FOR SIX MONTHS FROM NOW IS GONNA
BE A SOLVED PROBLEM, RIGHT? USED
TO BE THE NUMBER OF FINGERS ON
THE HANDS AND THEY GENERATE
IMAGES. AND NOW THAT'S A SOLVED
PROBLEM. AND SO CONSUMERS ARE
REALLY STRUGGLING TO GET
RELIABLE INFORMATION. AND YOU
KNOW, THE FACT IS THAT MOST OF
THE MAJORITY OF AMERICANS NOW
FOR BETTER OR WORSE, MOSTLY
WORSE, GET THE MAJORITY OF THEIR
NEWS FROM SOCIAL MEDIA. YOU
CAN'T HAVE A STABLE SOCIETY OR
DEMOCRACY. IF PEOPLE ARE GETTING
THEIR NEWS FROM FACEBOOK AND
TWITTER, GOD HELP US ALL,
HONESTLY. OK, WELL, UM,
PROFESSOR ON THAT NOTE,
PROFESSOR BREATHER. YOU'RE
WELCOME. UM SO I THINK. I. I
REALLY APPRECIATE YOU SHOWING US
SORT OF WHAT IS HAPPENING AT THE
FEDERAL LEVEL. I THINK THERE'S
SOME INCREDIBLE THOUGHT GOING
INTO WHAT IS COMING OUT OF Ó S¼
Dð P AND, UM, THE WHITE HOUSE
AND THE E Ó, ET CETERA. UM SO
I. I THINK IT'S REALLY HELPFUL
TO THINK OF THAT, UM, ONE OF THE
QUESTIONS I GET A LOT AND I WANT
TO PUT IT ON YOU IS, YOU KNOW
WHAT IS THE APPROPRIATE ROLE OF
US AS A STATE LEGISLATURE AND WE
HEARD, I THINK AN IMPORTANT
CONVERSATION AROUND CONSISTENCY.
UM AND I ALWAYS SAY I WOULD LOVE
FOR CONGRESS TO ACT. I THINK
THAT IS OUR IDEAL SITUATION. WE
HAVE IN AN EFFECTIVE CONGRESS
RIGHT NOW, SO THAT'S NOT GOING
TO HAPPEN. SO BARRING THAT, LIKE
, WHERE DO YOU SEE US AS
CALIFORNIA FITTING INTO BUILDING
THIS RESPONSIBLE? A. I THAT YOU
SPOKE ABOUT. YEAH I MEAN, I. I
THINK THAT YOU KNOW, IT MAKES
SENSE FOR YOU ALL AS THE HOME OF
MANY OF THESE TECH COMPANIES,
RIGHT? AND YOU KNOW, ALSO AS A
LEGISLATOR THAT HAS HISTORY,
RIGHT INNOVATING IN IN THIS WAY
TO GO AHEAD AND MOVE FORWARD,
RIGHT? UM I DON'T THINK THAT YOU
NEED TO WAIT FOR THE FEDERAL
GOVERNMENT AND CONGRESS TO ACT
IN ORDER TO, YOU KNOW, PROTECT
CALIFORNIANS AND, UM, BY THE
WAY, THE REST OF US YOU KNOW,
FROM FROM THESE HAR RIGHT. AND
YOU KNOW, I ALSO THINK THAT, UH,
AS I MENTIONED, I THINK THAT
THERE ARE SOME SOME OTHER ISSUES
THAT ARE ESPECIALLY HEIGHTENED
IN CALIFORNIA, RIGHT WHEN YOU
THINK ABOUT LABOR IN TERMS OF
THE WRITERS' STRIKE AND THE
RECENT LAYOFFS AND ALSO THE
ENVIRONMENTAL IMPACT OF THESE
SYSTEMS. I APPRECIATE YOU
BRINGING UP THE ENVIRONMENTAL
IMPACTS. ONE OF THE THINGS THAT
WE HAVE TALKED ABOUT IS, UM
UNDER OUR RIGHT OF PRIVACY. YOU
HAVE THE RIGHT TO DELETE RIGHT.
THAT'S WHAT FUNDAMENTAL
PRINCIPLE BUILT INTO THE
CALIFORNIA PRIVACY. INITIATIVE
AND YET THE IDEA THAT YOU WOULD
DELETE FROM THESE LARGE LANGUAGE
MODELS WOULD REQUIRE. I MEAN,
YOU'D HAVE TO REBUILD THEM, IF
ANYTHING, WHICH THE ENERGY
REQUIRED TO DO THAT IN THE
ENVIRONMENTAL IMPACT. WHAT IS
THAT, RIGHT? MEAN ANYMORE? SO I
THINK IT REALLY THE
ENVIRONMENTAL IMPACT IS AN
IMPORTANT PART OF THE
CONSIDERATION AS WE THINK ABOUT
HOW TO EVEN THINK ABOUT THE
THINGS WE BELIEVE CALIFORNIANS
ALREADY HAVE A RIGHT TO SO AND
AS THE FORMER WATER CHAIR WHO
KNOWS HOW DESPERATELY WE NEED
CALIFORNIA'S WATER. UM,
OBVIOUSLY, THAT'S CRITICAL. SO I
APPRECIATE THAT. UM AND THEN
WHAT? YOU KNOW AS WE START TO GO
ON THIS JOURNEY, AND I'VE SAT ON
THIS COMMITTEE FOR FIVE YEARS
AND OUR PRIOR CHAIR WHO IS NOW
ON THE BENCH, YOU KNOW, TRIED TO
MOVE A I POLICY FOUR YEARS AGO.
I'M TRYING TO REMEMBER FOUR OR
FIVE YEARS AGO. UM, SO THIS HAS
BEEN A CONVERSATION WE'VE BEEN
HAVING FOR A LONG TIME.
OBVIOUSLY THE TECHNOLOGY HAS
EVOLVED, BUT TO PROFESSOR NOE'S
POINT, IT'S BEEN AROUND MUCH
LONGER THAN CHAU P Tð, UM YOU
KNOW? I THINK. WE'RE SORT OF
TRYING DOWN THIS PATH. I THINK
THE DEFINITION IS CRITICAL. IT'S
WHY THAT WAS A HUGE PART OF THE
CONVERSATION TODAY, BUT I'M JUST
CURIOUS. UM PROFESSOR YOUR
THOUGHTS ON LIKE WHAT?
ROADBLOCKS ARE AHEAD. LIKE, HOW
DO WE SORT OF SEE WHAT'S COMING
IN FRONT OF US? YEAH. SO YOU
KNOW, I THINK THAT BY TAKING AN
IMPACT BASED RIGHT BY TAKING A
RIGHTS BASED APPROACH, UM TO
THINKING ABOUT WHAT PROTECTIONS
YOU WANT TO PUT IN PLACE, I
THINK THAT THAT BOTH TARGETS THE
INTERVENTIONS WHERE THEY'RE
NEEDED, RIGHT WHERE PEOPLE ARE
CURRENTLY BEING HARMED, BUT I
THINK IT ALSO HAS THE EFFECT OF
HELPING TO FUTURE PROOF. SOME OF
THE LEGISLATION. UM FOR EXAMPLE,
YOU KNOW IF YOU LOOK AT THE WORK
THAT THE EEOC HAS DONE, THEY
HAVE RECENTLY BEEN PUTTING OUT
GUIDANCE THAT MAKES IT CLEAR
THAT THERE ARE EXISTING CIVIL
RIGHTS LAW. STILL APPLIES IN THE
CASE OF A I RIGHT. THAT'S A CASE
WHERE YOU KNOW THE EXISTING LAW
WAS WRITTEN OBVIOUSLY LONG
BEFORE THESE MODERN A. I SYSTEMS
, RIGHT, BUT THEY'RE STILL ABLE
TO LOOK AT THAT AND SAY OK, YOU
KNOW WHAT ARE THESE RIGHTS
PROTECTIONS? AND HOW CAN WE
INTERPRET THEM NOW? UM I THINK
THAT THERE ARE SOME UPDATES THAT
NEED TO BE MADE, UM FOR CIVIL
RIGHTS AND TO PROTECT PEOPLE
FROM HARM FROM THESE A I SYSTEMS
RIGHT. THAT ARE MORE RECENT, BUT
I THINK THAT YOU KNOW, WE CAN
STILL FIGURE OUT HOW TO CRAFT
THOSE IN A WAY THAT ARE LONG
LASTING. AND TECHNOLOGY NEUTRAL
SO THAT AS NEW SYSTEMS ARE
DEVELOPED, WHICH THEY WILL BE,
UM, YOU KNOW, THESE LAWS ARE
STILL RELEVANT. YEAH, I THINK
IT'S INTERESTING BECAUSE OFTEN
WHEN WE THINK ABOUT THE THINGS
WE MOST NEED TO DO, I THINK IN
THE A. I SPACE IT'S THINGS THAT
WE'VE ALREADY AGREED ON FOR
DECADES WHERE PRINCIPLES AND
PROTECTIONS THE CALIFORNIANS
HAVE. AND THE QUESTION IS, HOW
DO WE EXTEND THOSE NOW THAT IT'S
NOT PEOPLE MAKING THE DECISIONS
THAT DOING THE ACTS? IT'S
ARTIFICIAL INTELLIGENCE TO YOUR
POINT, SO THERE'S MUCH WORK TO
BE DONE THERE. ALTHOUGH I AM OF
THE POSITION THAT A LOT OF THE
LAWS APPLY. DESPITE THE ACTOR,
SO I WILL SAY THAT FROM MY OWN
PERSPECTIVE, UM SO I THINK THAT
THE FUNDAMENTAL BALANCE THAT WE
HOPE TO ACHIEVE HERE IN
CALIFORNIA IS WE ARE THE HOME OF
INNOVATION. WE ARE SO PROUD OF
THE COMPANIES THAT COME OUT OF
CALIFORNIA AND WHAT THEY'VE DONE
AND THEY'VE DONE SO MUCH GOOD
AND THEY'VE DONE SO MUCH HARM.
RIGHT SO BOTH ARE TRUE TODAY OF
THE INNOVATIONS THAT HAVE COME
OUT OF THE STATE. UM AND I THINK
THAT THAT WILL WE HOPE THAT WE
CAN LEARN FROM THOSE MISTAKES OF
THE PAST THAT HAVE ALLOWED THE
HARMS TO COME TO PASS. YOU KNOW,
PUTTING THE GENIE BACK IN THE
BOTTLE ON A LOT OF WHAT HAS
HAPPENED, YOU KNOW, BE IT THE
MENTAL HEALTH CRISIS OF OUR
YOUTH OR THE ATTACK ON OUR
DEMOCRACY COMING OUT OF
MISINFORMATION ON SOCIAL MEDIA.
WE WE'RE TRYING OUR BEST, AND
WE'RE FAILING TO PUT THAT GENIE
BACK IN THE BOTTLE. AND SO AS WE
FACE A I, I THINK IT IS MY
PERSPECTIVE THAT WE NEED TO
LEARN FROM THAT. UM AND WE NEED
TO MAKE SURE WE'RE PROTECTING
CALIFORNIANS. WE ALSO WANT TO
CONTINUE TO ALLOW FOR
INNOVATION. I THINK THAT YOU
KNOW MANY OF THE SPEAKERS TODAY,
IF NOT ALL OF YOU HAVE TALKED
ABOUT THE INCREDIBLE BENEFITS,
RIGHT? I MEAN, I JUST WENT AND
GOT MY ANNUAL MAMMOGRAM AND IT
IS BEING READ IN A SMARTER WAY
THAN IT WAS A DECADE AGO.
THEY'RE GONNA CATCH CANCER
EARLIER. THAT IS AMAZING. RIGHT?
SO THERE'S NÓ QUESTION. THERE
ARE RISKS TO A I AND THEY'RE
INCREDIBLE BENEFITS TO SOCIETY.
AND SO I THINK THE REAL THING
THAT WE ARE GRAPPLING WITH IS
HOW DO WE BALANCE THAT? AND I
THINK WHAT I HAVE LEARNED AND I
THINK WHAT WAS HIGHLIGHTED HERE
TODAY? WAS THAT REALLY TAKING
THAT RISK APPROACH THAT WE SAW
COMING OUT OF THE EU THAT I
THINK IS A PART OF, UM THE
BLUEPRINT THAT CAME OUT OF THE
WHITE HOUSE IS REALLY ONE WAY TO
DO THAT. BUT I'M WONDERING IF
ANY OF YOU HAVE ADDITIONAL
THOUGHTS ON REALLY HOW WE STRIKE
THAT BALANCE. WELL, UM, FOR I
DON'T KNOW IF YOU WANNA GO
FIRST. WELL, SURE, I'LL I'LL
JUMP IN QUICKLY. UM, YOU KNOW,
I. I THINK I WOULD. REALLY SAY
THAT I. I THINK THAT SOMETIMES
IT IS PRESENTED AS THOUGH UM,
INNOVATION STANDS OPPOSED TO
GUARDRAILS AND I. I JUST DON'T
BELIEVE THAT TO BE TRUE, RIGHT?
I'M A RESPONSIBILITY A I
RESEARCHER. UM YOU KNOW, IT'S
ALL ABOUT INNOVATION IN EXACTLY
THE SPACE. THERE ARE A LOT OF
START UPS THAT ARE DOING THAT
TYPE OF WORK. RIGHT UM, I THINK
THAT YOU KNOW RIGHT NOW, A LOT
OF A I COMPANIES ARE SIMPLY
FOCUSED ON MAKING BIGGER A I, UM
I THINK THAT THERE'S THE CHANCE
THAT PUTTING IN PLACE REASONABLE
GUARDRAILS COULD HELP REDIRECT
SOME OF THAT FOCUS TO MAKING
BETTER. A I RIGHT, I. I DON'T
THINK IT NEEDS TO PUT A STOP TO
INNOVATION. I THINK IT REDIRECTS
INNOVATION IN WAYS THAT I THINK
ARE FRANKLY FASCINATING, RIGHT
AND EXCITING. UM AND SO, YOU
KNOW, I GUESS I WOULD ENCOURAGE
YOU ALL TO THINK ABOUT IT IN
THAT VEIN, RIGHT? WHAT IS NOT
BEING CREATED RIGHT NOW, UM,
BECAUSE YOU KNOW, PEOPLE AREN'T
FEELING THE PRESSURE TO CREATE A
I THAT IS BETTER. MM. YOU KNOW
ANYBODY ELSE HAVE ANYTHING TO
ADD ON THIS QUESTION? YEAH, WELL
, I AGREE WITH IT ALL OF THIS,
BUT I THINK THAT AN EMPHASIS ON
INFRASTRUCTURE ON THINKING ABOUT
NEW WAYS IN WHICH COMPETITION
MIGHT BE IMPEDED. UH SO IN A BIG
VERSUS SMALL OPEN SOURCE VERSUS
UH AND PROPRIETARY. WE HAVEN'T
EVEN TALKED ABOUT THE KIND OF IP
ASPECT. UM BUT, UH, REALLY
INVESTING NOT SIMPLY ON THE
DEVELOPMENT OF THE TECHNOLOGY
ITSELF, BUT WHO IS DEVELOPING IT
, UH, HAVING YOU KNOW, EVERYBODY
, UH, INVOLVED HAVING, UH,
CHILDREN AND ADULTS, UM BE MORE,
UM SKILLED AND YOU KNOW,
INVESTING IN DIGITAL LITERACY
WILL REALLY CREATE MORE OF THAT,
UH, I THINK BALANCE AND FRANK
CONVERSATION ABOUT HOW WE CAN WE
CAN GET, UH MORE OF THE GOOD
AND, UH, MITIGATE THE HARMS.
YEAH. I. I THINK WE CAN LEARN
SOMETHING FROM THE PHYSICAL
WORLD HERE. UM, I'M OLD ENOUGH
TO REMEMBER. IN THE 19 SEVENTIES
, THERE WERE NÓ SEATBELTS AND
AIRBAGS AND ANTI AND THE BRAKES.
AND WHEN RALPH NADER WAS PUSHING
FOR MORE SAFETY IN THE CARS,
WHAT ARE THE AUTO MANUFACTURERS
SAY THIS WILL KILL AUTO
MANUFACTURING IN THE U S¼. CHINA
IS GOING TO DESTROY US, AND IT
WAS A BIG FAT LIE BECAUSE SAFETY
IS ACTUALLY GOOD. WE WANT SAFE
PRODUCTS AND THIS IDEA THAT
SOMEHOW THAT IT'S AT ODDS AS
PROFESSOR FEDLER WAS SAYING, I
THINK, SHE SAID. NICELY WITH
INNOVATION IS SIMPLY A LIE. IT'S
SIMPLY A LIE TO MOVE FAST AND
BREAK THINGS. AND I THINK YOU'RE
RIGHT. LET'S LEARN FROM THE
MISTAKE OF THE LAST 20 YEARS AND
LET'S DO BETTER FOR THE NEXT 20
YEARS. YEAH NÓ. I THINK OUR
MARKET IS HEALTHIER WHEN
CONSUMERS TRUST IT, WHICH I
THINK AND WHEN IT DOESN'T KILL
US, YOU KNOW, I'M JUST SAYING
NÓ. IT'S TRUE. UM AND I DO THINK
I THINK THE POINT ABOUT
COMPETITION IS A REALLY
IMPORTANT ONE. AND ONE I'VE BEEN
FOCUSED ON IS A FORMER
REGULATORY LAWYER MYSELF WHO
WORKED ON COMPLIANCE PROGRAMS IN
THE PRIVATE SECTOR. UM ONE OF MY
FEARS AROUND SORT OF INTENSE
REGULATION IS WHEN YOU MAKE IT
TOO EXPENSIVE. ONLY THE BIG
PLAYERS CAN PLAY AND WE DO NEED
TO MAKE SURE THAT START UPS ARE
ABLE TO BE HEALTHY IN THIS
ENVIRONMENT BECAUSE THAT
COMPETITION IS REALLY, REALLY
HEALTHY, AND WE SHOULD BE
TALKING ABOUT ANTITRUST BECAUSE
IN ORDER TO COMPETE IN A I YOU
NEED DATA AND COMPUTING POWER.
WHO HAS THAT THE FIVE BIG TECH
GIANTS, SO THEY HAVE A
PHENOMENAL ADVANTAGE IN THE A. I
WAR RIGHT NOW, AND WE SHOULD
ABSOLUTELY BE MAKING ROOM FOR
THE SMALLER COMPANIES TO
INNOVATE HERE AND BY THE WAY
WHEN GOOGLE TELLS YOU THAT
GOVERNMENT REGULATION IS A BAD
WOULD YOU PLEASE REMIND THEM?
THAT WHEN MICROSOFT WAS KICKING
THEIR BUTT UP AND DOWN THE
STREET USING THEIR MARKET
DOMINANCE, THEY WENT CRYING TO
THE DEPARTMENT OF JUSTICE,
TELLING THEM TO INTERVENE AND
THEY DID. AND THAT'S WHY WE HAVE
GOOGLE. YOU CAN'T HAVE IT BOTH
WAYS. BUT YOU CAN'T HAVE BEEN
CREATED WITH THE GOVERNMENT,
MAKING SURE THERE'S A HEALTHY
ECOSYSTEM AND THEN COMPLAIN WHEN
WE'RE TRYING TO DO THE SAME
THING FOR THE NEXT SMALL PLAYER.
THAT WAS FOR YOU, GOOGLE.
THEY'RE IN THE ROOM. DON'T WORRY
. UM SO, UM, I APPRECIATE THAT.
I THINK THAT, UM ONE OF THE
THINGS THAT IS INTERESTING ABOUT
DRAFTING THIS, REG, THIS LAW AND
YOU KNOW, THE ONE THAT I HAVE
PROPOSED DOES DRAW A DISTINCTION
BETWEEN DEVELOPERS AND EMPLOYERS
. RIGHT AND THERE ARE DIFFERENT
ROLES BEING PLAYED BY DIFFERENT
ENTITIES IN THIS SPACE, RIGHT?
AND I JUST LEARNED ABOUT THE
FOLKS THAT SELL THE DATA SETS,
WHICH I DIDN'T EVEN UNDERSTAND.
WAS THIS POTENTIALLY A DIFFERENT
ACTOR IN THE SPACE, SO WE HAVE
PEOPLE WHO SELL THE DATA SETS
PEOPLE WHO TRAIN THE MODELS, THE
PEOPLE WHO DEPLOY THE MODELS, UM
AND SO I THINK, AS WE THINK
ABOUT HOW TO REGULATE THIS, EACH
OF THOSE ENTITIES NEED TO BE
THOUGHT ABOUT INDIVIDUALLY AND I
WONDERED IF ANY OF YOU HAD SOME
SORT OF WHERE THE BEST WAY AND
HOW TO THINK ABOUT THAT. I THINK
THAT'S THE RIGHT BREAKDOWN. UM,
SO LET ME JUST GIVE YOU A COUPLE
OF EXAMPLES WHERE WE'VE SEEN
PROBLEMS. UH, THE LEÓN FIVE B
DATA SET, FOR EXAMPLE, WHICH IS
USED TO TRAIN ALL THE GENERATIVE
A I IMAGES WAS RECENTLY FOUND TO
HAVE THOUSANDS AND THOUSANDS OF
CHILD SEXUAL ABUSE IMAGES IN
THEM, AND THEY HAD TO PULL THAT
DATA SET. I DON'T THINK SOMEBODY
WHO LICENSED THAT AND TRAINED A
MODEL HAS LIABILITY FOR THAT. I
THINK IT'S THE PEOPLE WHO
CREATED THE DATA SET. I DON'T
THINK SOMEBODY WHO DEPLOYED A
MODEL THAT HAS BEEN TRAINED ON
THAT DATA SET HAS LIABILITY. SO
I THINK THAT'S EXACTLY RIGHT.
THERE'S THE CRATERS OF THE DATA
SET, AND THEY'RE ALSO THE ONES
WHO A RE VIOLATING ALL THE
COPYRIGHT INFRINGEMENT, TOO.
THEY OWN THAT, AND THEN IT'S THE
MODEL TRAINING AND THEN IT'S THE
DEPLOYMENT, SO I THINK THAT'S
EXACTLY RIGHT. BUT YOU DO HAVE
TO TREAT THEM QUITE DIFFERENTLY
BECAUSE THEY'RE IN DIFFERENT
PARTS OF THE PIPELINE. OK,
ANYTHING TO ADD PROFESSOR FRIED
TO THAT? YEAH I WOULD ALSO JUST
SAY THAT, YOU KNOW, I THINK
THAT, UM WHEN WE'RE THINKING
ABOUT THESE HIGH RISK AREAS, YOU
KNOW, WE'VE BEEN TALKING ABOUT
HOW IMPORTANT IT IS NOT TO JUST
FOCUS ON GENERATIVE A. I AND I
ABSOLUTELY THINK THAT'S TRUE.
BUT WHEN WE'RE THINKING ABOUT JA
I ONE OF THE THINGS YOU KNOW
THAT COMPANIES WILL SOMETIMES
SAY IS OH, WELL, YOU KNOW, WE
CAN'T EVEN KNOW. UM IF WE'RE
GONNA HAVE PROBLEMS WITH THIS
IMPACT OR THAT IMPACT RIGHT? AND
THAT'S JUST NOT TRUE, RIGHT? WE
CAN ALL OF COURSE TEST THESE
SYSTEMS. UM SO, FOR EXAMPLE,
RIGHT, WE COULD TEST THEM FOR
MEDICAL MISINFORMATION. UM AND
SO, YOU KNOW, I THINK THAT FOR
ME, A LOT OF THIS COMES BACK TO
THAT QUESTION OF A DUTY OF CARE,
UM, MAKING SURE THAT THESE
PRODUCTS HAVE ACTUALLY BEEN
TESTED BEFORE THEY'RE RELEASED.
AND I THINK THAT YOU KNOW
THERE'S GONNA BE SLIGHT
DISTINCTIONS, WHETHER THAT'S A
DEVELOPER OR A DEPLOY FOR WHAT
TYPE OF TESTING IS EXPECTED, BUT
I THINK THAT THERE SHOULD BE
TESTING EXPECTED. THANK YOU. UM
WELL, I REALLY APPRECIATE IT,
AND I REALLY APPRECIATE SORT OF
HAVING ACADEMIA REPRESENTED HERE
. I JUST WAS SITTING WITH
ARTISTS IN MY OFFICE WHO WERE
TEACHING ME ABOUT NIGHT SHADE
AND SO TO YOUR POINT ABOUT THE
COMPUTING POWER AND THE ABILITY
TO REALLY COMPETE AND CREATE A I
FOR GOOD. WE KNOW OUR UNIVERSITY
DO HAVE THIS CAPACITY AND THEY
ARE SORT OF A FORCE FOR GOOD IN
ALL OF THIS. SO UM, I REALLY
APPRECIATE YOU GUYS BEING HERE
BEING SO OPEN AND HONEST PUTTING
SOME OF OUR TECH COMPANIES ON
CHECK. UM AND, UH, YEAH. THANK
YOU. ALL UM, WITH THAT? WE WILL,
UM CONCLUDE THE HEARING, BUT WE
WILL GO TO NOT CONCLUDE THE
HEARING. CONCLUDE THE PANEL, UM
AND GO TO PUBLIC COMMENT, SO IF
ANYBODY WANTS TO JOIN US TO
PROVIDE PUBLIC COMMENT, WE WILL
WELCOME THAT AT THIS TIME. COME
ON UP. THANK YOU ALL FOR JOINING
US. THAT WAS AWESOME. MY EGGS
OFF. UM SO M MAKE SURE NA ME OR
ORGANIZATION. WHEN YOU SPEAK.
THANK YOU. RIGHT NOW. HELLO OK,
HØI, UH, YVONNE FERNANDEZ,
CALIFORNIA LABOR FEDERATION.
THANK YOU, MADAM CHAIR FOR THIS
IMPORTANT HEARING. UM AS
OUTLINED IN TODAY'S TESTIMONY,
THE ADVANCEMENT OF A I WILL HAVE
PROFOUND IMPACTS ACROSS ALL
SECTORS AND INDUSTRIES. UM AS
THE LEGISLATURE WORKS TO
REGULATE THIS TECHNOLOGY, WE
URGE MEMBERS TO CONSIDER THE
IMPORTANCE OF, UH, FORMING
POLICIES THAT HAVE A HUMAN BASE
AND WORKER CENTERED APPROACH THE
BENEFITS OR THE HARM OF A I ON
WORKERS AND THE PUBLIC DEPEND
SOLELY ON THE GUARD RAILS PUT IN
PLACE REGARDING A I'S IT'S
PROCUREMENT AND ITS USE. WORKERS
MUST BE AT THE FOREFRONT OF THE
CONVERSATION SURROUNDING, UH, A
I AT EVERY STAGE, NOT JUST ONCE.
THE TECHNOLOGY IS FULLY
DEVELOPED AND USED BY EMPLOYERS.
BEING IN THE LOOP IS NOT
SUFFICIENT WHEN A I HAS THE
CAPABILITY OF INDISCRIMINATELY,
DISPLACING MILLIONS OF WORKERS
OVER A SHORT PERIOD OF TIME. UM
FOR PUBLIC, UH, FROM PUBLIC
SECTOR WORKERS SERVING OUR STATE
TO ARTISTS IN THE ENTERTAINMENT
INDUSTRY. EVERY WORKER WILL BE
AFFECTED BY A I AND WE NEED TO
PROTECT OUR WORKERS AND ENSURE
INDUSTRIES USE A I AS A TOOL,
NOT A REPLACEMENT. AS A TOOL. A
I CAN INCREASE PRODUCTIVITY AND
SAFETY FOR WORKERS, BUT A I
SHOULD NOT REPLACE HUMAN
DECISION MAKING. THERE ARE SOME
DECISIONS THAT ARE FAR TOO
IMPORTANT TO BE MADE IN MY A I
ALONE SKILLED HUMAN WORKERS MUST
STAY AT THE CENTER OF THIS OF
THIS CRUCIAL DECISION MAKING WE
ARE A KEY POINT IN TIME WHERE WE
HAVE THE CHANCE TO REGULATE THIS
TECHNOLOGY FOR THE PUBLIC. WE
CANNOT LEAVE WORKERS BEHIND AND
WE MUST TAKE ADVANTAGE OF THE
OPPORTUNITY TO CREATE GUARD
RAILS FOR THE BENEFIT OF
MILLIONS OF WORKING CLASS
CALIFORNIANS. THANK YOU SO MUCH.
THANK YOU. GOOD AFTERNOON CHAIR
AND, UH, STAFF OF THE COMMITTEE.
NICE TO SEE ALL OF YOU. MY NAME
IS SAMANTHA GORDON. I'M THE
CHIEF PROGRAM OFFICER AT TECH
EQUITY COLLABORATIVE. AND OUR
MISSION IS TO, UH, RAISE PUBLIC
CONSCIOUSNESS ABOUT ECONOMIC
EQUITY ISSUES THAT RESULT FROM
THE TECH INDUSTRY'S PRODUCTS AND
PRACTICES AND ADVOCATE FOR
CHANGE THAT ENSURES TAX
EVOLUTION BENEFITS EVERYONE, SO
THANK YOU FOR YOUR LEADERSHIP IN
THIS SPACE AND FOR BRINGING THIS
CONVERSATION TOGETHER TODAY, UM
MANY OF THE COMMENTS ACTUALLY
MADE BY PROFESSOR NÓI, UM,
REFLECT OUR VISION. UH, FOR BEST
TO REGULATE THIS TECHNOLOGY, AND
I WOULD UNDERSCORE THE
CONVERSATION THAT WAS JUST
HAPPENING FROM PROFESSOR FRIED
AND PROFESSOR FARID. I WAS ON
THE PANEL RECENTLY WHERE SOMEONE
FROM INDUSTRY WHO'S AN ADVOCATE
OF GUARDRAILS FOR THIS SAID, YOU
KNOW FERRARI DIDN'T PUT BRAKES
ON A CAR SO THAT IT NEVER MOVED.
THEY PUT BRAKES ON THE CAR SO IT
COULD GO FAST. AND I WOULD SAY
THAT THAT'S OUR VISION AS WELL
AS THINKING ABOUT HOW DO WE
REALLY CENTER? PEOPLE IN THE
DEVELOPMENT, DESIGN AND
DEPLOYMENT AND OVERSIGHT OF THIS
TECHNOLOGY ALLOWS US THE
OPPORTUNITY TO INNOVATE IN A WAY
THAT IS PRODUCTIVE FOR ONE NOT
JUST FOR A HANDFUL OF COMPANIES,
UM AND SO A COUPLE OF KEY POINTS
THAT WE WOULD ENCOURAGE THE
COMMITTEE AND ALL LEGISLATORS TO
CONSIDER IS THAT PEOPLE WHO ARE
IMPACTED BY A I. THEY MUST HAVE
THE AGENCY TO SHAPE THE
TECHNOLOGY THAT DICTATES THEIR
ACCESS TO CRITICAL NEEDS LIKE
EMPLOYMENT, HOUSING, HEALTHCARE,
AND SO ON. THE SECOND IS BURDEN
OF PROOF MUST LIE WITH THE
DEVELOPERS. I WOULD ADD TO YOUR
LIST OF VENDORS, SO NOT JUST THE
PEOPLE THAT BUY THE DATA, BUT
ALSO THAT PACKAGE THE MODEL AND
SEND IT, UH, AND SELL IT TO THE
DEPLOY. UM TO DEMONSTRATE THAT
THEIR TOOLS DO NOT CREATE HARM
PRIOR TO RELEASING THEM ON THE
MARKET, AND THAT REGULATORS AS
WELL AS PRIVATE CITIZENS SHOULD
BE EMPOWERED TO HOLD THEM
ACCOUNTABLE. AND THIRD, UM, IS
REALLY TALKING ABOUT SOME FOLKS
GOT INTO THIS AROUND THE COM THE
COMPUTE POWER QUESTION. BUT THE
CONCENTRATED POWER AND ALSO DATA
ASYMMETRIES HAVE TO BE ADDRESSED
IN ORDER TO EFFECTIVELY REGULATE
THE TECHNOLOGY. SO LIKE I SAID,
WE BELIEVE TECHNOLOGY IS MOST
USEFUL WHEN IT'S DESIGNED BASED
ON THE NEEDS OF REAL PEOPLE. AND
AS ADVOCATES, UM, FOR THE
RESPONSIBLE USE OF TECHNOLOGY.
WE DON'T BELIEVE THAT IT'S
FEASIBLE TO COMPLETELY STOP THE
DEVELOPMENT OF TECHNOLOGY.
HOWEVER WE BELIEVE THAT SHAPING
AN AFFIRMATIVE VISION FOR
TECHNOLOGY THAT CENTERS HUMANS
AND ENSURES THAT WE ARE
PROTECTING THEIR EXISTING AND
FUTURE RIGHTS. UM WE MUST ALSO
SET CLEAR GUARD RAILS AND PUT
REGULATIONS IN PLACE IN
PARTICULAR TO DEAL WITH THE
UNACCEPTABLE USES OF TECHNOLOGY
THAT HAVE A LARGE POTENTIAL FOR
HARM AND IN THOSE CASES IN SOME
OF THOSE CASES, THAT TECHNOLOGY
WE BELIEVE SHOULD BE PROHIBITED,
AS WAS RECENTLY DONE IN THE EU A
. I ACT AND WE ENCOURAGE THE
COMMITTEE TO CONSIDER THESE TO
STRENGTHEN OUR RESILIENCE
AGAINST PRODUCTS AND PRACTICES
THAT COULD FURTHER EXACERBATE
PROBLEMS IN OUR COMMUNITIES, AND
WE BELIEVE THAT STRENGTHENING
OUR RESOLVE AGAINST HARMFUL USES
OF TECHNOLOGY ALLOWS US TO OPEN
UP TO NEW OPPORTUNITIES AND
APPROACHES THAT ARE RELIABLE,
SAFE AND BENEFICIAL FOR ALL
CALIFORNIANS. THANK YOU. THANK
YOU. THANK YOU, MADAM. CHAIR
JULIAN CONTI, CALIFORNIA
HISPANIC CHAMBERS OF COMMERCE.
UM FIRST LET LET'S JUST SAY WE
ARE ENCOURAGED BY THE FACT OF
HOLDING THESE TYPE OF BRIEFINGS
TO BOTH EDUCATE THE LEGISLATURE
AND OTHER MEMBERS OF THE PUBLIC
AND ETCETERA OF WHAT WE NEED TO
BE DOING AND HOW TO APPROACH
THIS, UH, REGULATION OF A I UM,
I. I DO WANT TO START WITH THE
ABOUT THE EFFORTS TO REGULATE A
I YOU KNOW, AS EXPECTED, AS WE
DISCUSSED, THE LEGISLATURE HAS
ALREADY INTRODUCED OVER 20 BILLS
, UM, ADDRESSING, UH, THE ISSUE
AND WE EXPECT GOVERNOR NEWSOM
AND, OF COURSE, THE èC PP. A
UH, IS ABOUT TO ANNOUNCE IT'S A
I, REG, UH, REGULATIONS AS WELL.
UM WE ENCOURAGE. UM, THAT THERE
IS CO COLLABORATION AS WE
DISCUSSED. UH, DURING THE SECOND
PANEL, UM, WE FULLY ENCOURAGE
FOR COLLABORATION AND
COORDINATIONS BETWEEN THE
LEGISLATURE AND THE èC PP A AND
WE ENCOURAGE THIS BECAUSE WE
WANT TO AVOID ANY ISSUES OR
CONFLICTS, UH, THAT COULD
ADVERSELY ADVERSELY AFFECT A
SMALL BUSINESS HERE IN
CALIFORNIA. WE DO WANNA PAINT A
LITTLE PICTURE HERE ABOUT, UM,
FROM WHERE SMALL BUSINESSES ARE
STANDING. UH IF èC PP A ADOPTS
OR AN OPT OUT REGULATION THIS
SPRING AND MANDATES COMPLIANCE
BY OCTOBER OF 2024, AND THEN THE
LEGISLATURE PASSES A BILL ON OPT
OUT CONFLICTING WITH èC PP A IN
2024 EFFECTIVE IN 2025. NOW WHAT
HAPPENS THEN, IS WE HAVE A
REGULATORY, UM ISSUES THAT ARE
LIKELY TO ELIMINATE SMALL
BUSINESS, UH OR OR HURT SMALL
BUSINESS BECAUSE THEY DO NOT
HAVE THE RESOURCES TO COMPLY
WITH THE MULTIPLE AND POTENTIAL
CONFLICTING LAWS. UH AND THIS IS
SOMETHING WE HOPE TO WORK WITH
YOU ALL AND AVOID, UH, IN THE
LIGHT OF CALIFORNIA. SIGNIFICANT
SIGNIFICANT BUDGET DEFICIT
DEFICIT. NOW MORE THAN EVER. WE
NEED SMALL BUSINESSES, UH, TO BE
ABLE TO THRIVE AND GROW HERE IN
CALIFORNIA. I DO WANNA CLOSE
WITH A QUOTE IN PART FROM
GOVERNOR NEWSOM'S SMALL BUSINESS
PROCLAMATION. CALIFORNIA SMALL
BUSINESSES ACCOUNT FOR OVER 99%
OF TOTAL SMALL BUSINESSES OF ALL
BUSINESSES IN THE STATE AND
EMPLOY MORE THAN 7 MILLION
PEOPLE, NEARLY HALF THE STATES
PRIVATE SECTOR WORKFORCE. OUR
SMALL BUSINESSES ARE GLOBAL
LEADERS IN INNOVATION AND
ECONOMIC COMPETITIVENESS AND
EMBODY THE ENTREPRENEUR SPIRIT
THAT DRIVES THE ECONOMY OF THIS
THE GOLDEN STATE. IT IS OUR HOPE
THAT THESE SMALL BUSINESS
STATISTIC CONTINUE TO GROW. AND
THEN DO NOT SHRINK. UH DUE TO US
NOT APPROACHING THE REGULATION
OF A I AND IMPROPER FASHION. UH,
I THANK YOU. WE LOOK FORWARD TO
CONTINUE WORKING WITH YOU. AND
AS WELL AS BE A RESOURCE AS WE
MOVE FORWARD, THANK YOU. MADAM
CHAIR. MEMBERS STAFF. UM FIRST
THANK YOU VERY MUCH FOR THE
HEARING AND FOR THE GREAT
BACKGROUND PAPER. I'M LEURA
GERSHENSON. I'M THE POLICY
DIRECTOR FOR CITED IT IS THE
CALIFORNIA INITIATIVE FOR
TECHNOLOGY AND DEMOCRACY. IT IS
A PROJECT OF CALIFORNIA COMMON
CAUSE CALIFORNIA COMMON CAUSE
CREATED CITED TO PROTECT OUR
ELECTIONS FROM THE PERFECT STORM
OF GENERATIVE A. I TURBOCHARGED
DISINFORMATION SPREAD THROUGH
TARGETED SOCIAL MEDIA CITED YOU
AS A NONPARTISAN,
INTERDISCIPLINARY AND INNOVATIVE
APPROACH TO REFORM. WHILE
DISINFORMATION IS NOTHING NEW,
I'M SURE THE EARLIEST CAN
ELECTIONS YOU KNOW, HAPPENING IN
ANCIENT GREECE OR THE FIRST
CONTESTED ELECTION IN THE UNITED
STATES USED IN DISINFORMATION.
BUT TODAY AS YOU'VE HEARD ANYONE
FROM FOREIGN STATES TO ONLINE
TOOLS CAN INSTANTLY CREATE
PERFECTLY REALISTIC DEEP FAKES,
WHETHER IMAGES OR VIDEO OF AUDIO
, AND THEY CAN DELIVER THEM TO
MILLIONS OF PEOPLE
INSTANTANEOUSLY AND FOR ALMOST
NÓ COST. WHEN THEY ARE INTENDED
TO FRAUDULENTLY SWAY OUR
ELECTIONS. THEY CAN AND MUST BE
RESTRICTED IN SOME FASHION. WE
LOOK FORWARD TO WORKING WITH YOU
TO PROTECT US FROM THE ONSLAUGHT
OF A I GENERATED DECEPTIVE
CONTACT CONTENT THAT WILL TRY TO
SWAY OUR ELECTIONS AND UNDERMINE
OUR DEMOCRACY. THANK YOU AGAIN
FOR THE HEARING. IT WAS REALLY,
REALLY USEFUL. THANK YOU. MADAM
CHAIR. UH, THIS IS VINCENT LE
FROM THE GREEN LIGHTING
INSTITUTE. UM AND I I'LL KEEP MY
COMMENTS QUITE SHORT. UM YOU
KNOW, I THINK THE GREEN LIGHTING
INSTITUTE SEES A LOT OF NEED FOR
REQUIRING RISK ASSESSMENTS AND
DON'T REALLY SEE THIS AS A
IMPEDIMENT TO INNOVATION
WHATSOEVER, RIGHT? THIS IS THE
DUE DILIGENCE THAT YOU NEED TO
DO WHEN TRAINING YOUR STAFF TO
MAKE MAKE DECISIONS OR, YOU
KNOW, TRAINING YOUR A I TO MAKE
DECISIONS. SO YOU KNOW, I THINK
THAT'S AN INTERESTING, YOU KNOW,
ANGLE TO SAY THAT THIS IS GOING
TO HURT SMALL BUSINESSES.
MOREOVER I THINK A LOT OF THE
REGULATIONS THAT ARE PROPOSED OR
YOU KNOW THE LEGISLATION
PROPOSED EXCEPT SMALL BUSINESSES
, RIGHT? IT'S 99 YOU KNOW IT. IT
LOOKS AT THE NUMBER OF
EMPLOYEES. IT LOOKS AT THE
REVENUE. SO I, I DO REALLY THINK
THIS IS, UH REALLY NOT IMPACTING
SMALL BUSINESSES AND DOING
ACTION ON THESE ON THESE MATTERS
REALLY HELP SMALL BUSINESSES
HELPS CALIFORNIANS THAT ARE
IMPACTED BY THESE SYSTEMS WHEN
THEY'RE TRYING TO GET LOANS, UH,
AND WHATNOT. AND MY FINAL POINT
IS, THERE IS A REAL NEED. TO
MAKE SURE THE DEFINITIONS ARE
RIGHT AS WE WE'VE HEARD ALL
THROUGH TODAY AND I. I WORKED
WITH THE FORMER CHAIR CHU, UH,
ON A LOT OF THE DEFINITIONS THAT
EVENTUALLY MADE IT INTO A B
THREE AND TWO AND WHAT WE NOTICE
QUITE A BIT WERE THAT A LOT OF
INDUSTRY FOLKS WOULD COME TO US
AND SAY DON'T APPLY THIS
REGULATION WHERE THERE IS A
HUMAN WITH MEANINGFUL CONTROL OR
AND I. I SEE THIS TO SOME TO
SOME EXTENT WITH, YOU KNOW,
CONTROLLING FACTOR THIS TYPE OF
LANGUAGE, AND I REALLY THINK
THOSE THINGS NEED TO BE PROPERLY
DEFINED SO THAT THEY DON'T
BECOME A AN EASY LOOPHOLE THAT
BE TAKEN CAN BE TAKEN ADVANTAGE
OF WHEN YOU SIMPLY HAVE A HUMAN,
UH, THAT HAS AUTOMATION BIAS.
CLICKING YES, TO WHATEVER THE
RECOMMENDATION PUTS OUT, AND
THEY'RE LIKE, WELL, THIS ISN'T A
CONTROLLING FACTOR THAT HUMAN
CONTROLS IT. I THINK THAT WHAT
WE REALLY NEED TO AVOID. IN A
LOT OF THE REGULATIONS AND THE
LEGISLATION THAT WERE DEVELOPING
HERE, UM AND THERE'S WAYS TO
IMPROVE THAT LANGUAGE AND A
GREEN LIGHTING IS ALWAYS
AVAILABLE TO HELP FLUSH THAT
OUT. THANK YOU. THANK YOU. THANK
YOU ALL FOR BEING HERE AND FOR
PARTICIPATING IN THE HEARING.
I'LL ADD THAT ANYONE CAN PROVIDE
COMMENT ON OUR PORTAL OR THROUGH
THE COMMITTEE'S EMAIL, WHICH YOU
CAN FIND ON THE COMMITTEE FOR
PRIVACY AND CONSUMER PROTECTION
WEBSITE. THANK YOU ALL WITH THAT
WE WILL BE ADJOURNED.