The risks and benefits posed by emerging artificial intelligence technology are complex. So are legislative efforts to regulate it.
“The biggest pitfall is legislating out of fear and moving too quickly and not recognizing how mismatched are the pace of technology and the pace of legislation,” Laura Ruderman, CEO of the Washington Technology Alliance, told news outlet Crosscut.com.
As demonstrated by the digital revolution, lawmakers typically are several steps behind emerging technology. For example, guidelines put in place by Congress for the nascent internet in 1996 are still in place and are woefully outdated. Now, the speedy rise of AI has made regulation even more difficult.
Yet that is the task facing Washington lawmakers, with several bills related to artificial intelligence pending in the Legislature.
Last year, Washington passed a bill requiring disclosure if audio or video depictions in a political advertisement have been manipulated. Among other things, AI technology allows for the creation of video that looks authentic but is fabricated, which could lead nefarious candidates to literally put words in the mouth of their opponent.
As an analysis from the centrist Brookings Institution explained in May: “Many expect there to be a tsunami of disinformation in the 2024 elections as the close election provides incentives for a number of people and organizations to create fake videos, false audios, and incriminating texts with little regard for fairness or factual accuracy.”
Sen. Javier Valdez, D-Seattle, author of Washington’s political advertisement bill, said: “AI is a complicated issue that we don’t fully understand. You don’t want to stop innovation. You don’t want to stop commerce. But you don’t want to stop people’s civil rights. … Right now, we’re in that moment where artificial intelligence is everywhere.”
This year, one bill would create a task force to map out how Washington should regulate AI. Another would forbid AI algorithms that lead to discrimination, and another would require companies to notify employees and customers when AI is being used.
The bills are well-intended, but they likely are beyond the scope of state lawmakers. Piecemeal legislation would begin constructing a confusing labyrinth that eventually could conflict with laws throughout the nation and in other countries.
In reality, Congress should be quick to address AI technology and establish national standards. Yet developing thoughtful legislation could be difficult.
During a series of congressional hearings last year, it was incongruous to see lawmakers — some born before the television age — try to make sense of artificial intelligence. But a few themes did emerge.
One is that nearly all industry experts support strong disclosure laws, echoing proposals in this state. Another is that the need for a regulatory agency is clear; as an analysis from Brookings explains: “Failure to do that would result in sector-specific solutions where there are different AI rules for finance, health, transportation, education, housing, and employment. That ‘Tower of Babel’ approach would be disjointed, disorganized, and ineffective in combatting AI ills and leave a number of people dissatisfied with the results.”
The most important line of defense against the threats posed by AI is a discerning public; in other words, don’t believe every video you see on social media. But on top of that is a need for legislative regulation, and it should begin at the highest level of lawmaking.
