As artificial intelligence worms its way into more aspects of our lives, laws and regulations governing its use will become necessary.
We can’t uninvent technology, so the only thing that protects us from the worst aspects of it are the agreements that we make as a society – namely laws and regulations. What will those laws look like? Bills in states like Tennessee, Hawaii, and Florida seek to address focused problems like the use of AI in political campaigns and deep fakes. Other states, such as Illinois, are looking at AI more generally, and these may provide some clues for what is to come in the future. Bills in the Maryland House and Senate offer a starting point for thinking through how artificial intelligence might be evaluated regardless of the purpose of any particular AI tool. The bills would require that State agencies not use AI for anything that could be considered “high-risk,” which is defined as programs or services that could lead to unlawful discrimination, a disparate impact against a group of people based on some characteristic, or “have a negative impact on the health, safety, or well-being of an individual.” That last clause could cover a lot of territory. It could easily be taken to mean that Maryland cannot use AI for making medical decisions or using AI databases for law enforcement, for example. While we might agree that AI should not be used for some purposes, there are others where AI might be both useful and acceptable. For example, this bill could cover using AI to identify unemployment or tax fraud which can be difficult for humans to identify just because of the sheer volume of data. Could it be interpreted broadly enough that the state could never operate self-driving snowplows? On top those provisions, Maryland agencies would also need to evaluate any current AI tools in use, conduct regular reviews of AI in government, and notify any people or groups of people who may have been hurt by decisions made by AI tools. This is a recognition that AI is already a part of our lives and is being used to make decisions that affect us. As it begins to advance, it makes to evaluate how it has performed so far and start repairing any damage done. It’s not hard to imagine that bills like Maryland’s at the state level will eventually lead to a national discussion around what parameters should be set on AI. The industry should stay abreast of these conversations and think proactively about what boundaries they have out in place around their own use of new technologies. Comments are closed.
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