The Technology 202: Congress is playing catch-up on AI. She’s been sounding the alarm.

A Q&A with Rep. Yvette Clarke (D-N.Y.) on AI policy. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

View in browser   By Cristiano Lima with research by David DiMolfetta Happy Thursday! If you can't stand the thought of missing my 1,001st tweet on any given day, you can follow me on Threads here. Send news tips to: cristiano.lima@washpost.com. Below: The FTC is investigating OpenAI, and a Senate panel approves a key FCC nominee. First: Congress is playing catch-up on AI. She's been sounding the alarm. Rep. Yvette Clarke (D-N.Y.) first introduced legislation targeting algorithmic bias in 2019. (Jabin Botsford/The Washington Post) The recent surge in popularity of generative artificial intelligence tools like ChatGPT has triggered a fresh wave of scrutiny on Capitol Hill, where attempts to update or pass new regulations for cutting-edge technologies have languished for years.  But to a smaller group of lawmakers like Rep. Yvette D. Clarke (D-N.Y.) who have long been active in those debates, the potential promise and peril of AI is nothing new.  In April 2019, Clarke introduced an influential proposal with Sens. Ron Wyden (D-Ore.) and Cory Booker (D-N.J.) to require companies to vet their algorithms and automated systems, including those in AI tools, for bias. While the bill has not been signed into law, it has remained a major factor in negotiations around AI policy in Congress. Clarke has since unveiled bills requiring that so-called deepfake videos include watermarks and that political ads disclose when they feature AI-generated content. I caught up with Clarke recently to get her thoughts on the uptick in activity around AI regulation in Washington. Here are the highlights:  This transcript has been edited for length and clarity. What do you see as the key to tackling risks generative AI may pose? Generative tools can be of benefit to our society. I don't want it to seem as though it's a doomsday [scenario]. However, like so much in the tech space, there needs to be some regulatory regime to protect consumers from misinformation, weaponization of the tool.  I really believe that we will probably have the first election cycle where AI will be an integral part of how campaigns advertise their positions to their constituents. It can be very harmful if we don't get on top of this. What did you make of the Federal Election Commission punting on AI in political ads? They're putting it back in the court of the legislature to give guidance to how they will direct their staff in addressing this, which is why my legislation is really important. I don't see it as a great departure from what they've already done, but perhaps it's going to take us to be explicit in directing them. One counterargument I've heard is that there's no such requirement to disclose the use of photoshop or audio-splicing tools in political ads. Why do you think it's needed for AI? Because of the rapid deployment of that content and the fact that this is probably going to be a widely used tool in our upcoming elections. It's a protective measure that's neutral. It's irrespective of party affiliation, and I think that we are all vulnerable as a civil society.  What's your plan for building bipartisan support for your bill targeting algorithmic bias? Technology is really neutral, so we need to make sure that colleagues are well-informed about the fact that we're protecting our constituents, the integrity of our elections and by extension our democracy. I think I will certainly find colleagues that understand that it goes both ways. Senate Majority Leader Charles E. Schumer (D-N.Y.) has been leading a new push to regulate AI. How might that entwine with your own efforts? I was really happy to hear that Senator Schumer and bipartisan senators are beginning to examine the effects of AI. It's my hope that this kind of high-level engagement will spark a similar movement in the House.  How significant a role do you think industry should play in helping to craft new rules? I think it's great that they've offered their insights. It's important for us to examine it and to look at whether we believe there needs to be enhancements or there are some elements of what they're proposing that makes sense. I don't think we take it hook, line and sinker. One of the arguments that's been made for greater industry involvement is that there's a supposed lack of AI expertise in Congress. Do you think that's a valid critique? I don't think there's a dearth of technical expertise. Our attention spans happen to be stretched, and so that's why I chose to really hone in. There are varying levels of expertise on the Hill, varying levels within our federal entities, and we need to maximize that. Academia needs to be a part of it. So you think it's more of a lack of focus than a lack of expertise?  Absolutely. What do you make of Europe's efforts around AI and their proposed regulations? I haven't had an opportunity to really delve into their proposal. But what I can say is they have a foundation of the [General Data Protection Regulation] that has made it possible for them to build out the next level of protections. We have a responsibility to deal with data privacy, and once we do that we can build out an ecosystem of protection for the American people.   Our top tabs FTC investigating ChatGPT maker OpenAI OpenAI CEO Sam Altman testifies before a Senate Judiciary subcommittee during an oversight hearing to examine AI. (Jabin Botsford/The Washington Post) The Federal Trade Commission opened an extensive investigation into ChatGPT maker OpenAI, probing whether the company has infringed on consumer protection laws by putting peoples' data at risk, our colleague Cat Zakrzewski reports.  The agency this week sent a 20-page demand for records to the company in San Francisco asking how it addresses AI model risks. "The salvo represents the most potent regulatory threat to date to OpenAI's business in the United States, as the company goes on a global charm offensive to shape the future of artificial intelligence policy," Cat writes. The FTC's move is the first major indication that it plans to enforce multiple warnings it has issued stating that its consumer protection authority applies to AI systems as Congress works to craft an AI regulation plan. Senate panel approves key Democratic FCC nominee The move brings the FCC one step closer to a Democratic majority needed for the agency to take on more contentious broadband policy issues. (Jacquelyn Martin/AP) The Senate Commerce Committee on Wednesday voted to approve Federal Communications Commission nominee Anna Gomez to serve as the third Democrat on the commission. Gomez was advanced in a voice vote, with nine Republicans on the committee voting against her nomination. The move brings the FCC one step closer to a Democratic majority needed for the agency to take on more contentious broadband policy issues, including restoring net neutrality. The agency during the Trump administration repealed net neutrality rules that prohibited internet service providers from blocking or throttling internet traffic. Gomez was previously deputy administrator of the National Telecommunications and Information Administration in the Commerce Department and served for 12 years at the FCC. She is currently a communications policy adviser at the State Department. Gomez was reportedly on the docket as a potential replacement for Gigi Sohn, who was previously nominated to the FCC post but withdrew after a 16-month lobbying battle that blocked her appointment and opened her to personal attacks about her sexual orientation, social media activity and political views.  Harris rejects 'false choice' on AI between innovation and consumer protection Vice President Harris speaks during a meeting with civil rights leaders and consumer protection experts to discuss the societal impact of AI on Wednesday. (Manuel Balce Ceneta/AP) Vice President Harris said Wednesday that when it comes to regulating AI, the Biden administration will reject what she termed a "false choice" between promoting innovation and protecting consumers, Will Oremus reports for The Technology 202. "We can do both," she said. Harris's remarks came ahead of a closed-door meeting with civil rights, industry and advocacy group leaders at the White House. She said the administration will view AI through the lenses of privacy and consumer protection while avoiding heavy-handed interventions in the technology's development. "We should not dampen or in any way slow down innovation that can improve the condition of people's lives," Harris said. "And we must also ensure that in that process we are not trampling on people's rights." She said one of the key issues her administration will examine is "how racial bias and other types of biases will impact the lives of people because of AI and what we must do to get in front of that." She also mentioned the importance of transparency in AI systems so that people can understand how they work, as well as the need to protect seniors from fraud and scams involving AI. The invite list for the event, according to the White House, included Alexandra Reeve Givens, CEO of the Center for Democracy and Technology think tank; Mary Anne Franks, president of the Cyber Civil Rights Initiative; and Maya Wiley, president and CEO of the Leadership Conference on Civil and Human Rights.   Rant and rave Elon Musk announced the formation of his AI start-up xAI. Data scientist Bojan Tunguz: Georgia Tech professor Mark Riedl:   Hill happenings GOP's FTC nominee opposed by conservatives over alleged Big Tech 'ties' By Bloomberg News ●  Read more »     Inside the industry Twitter asks court to terminate FTC order governing its data practices By Cat Zakrzewski ●  Read more »   Microsoft-Activision ruling shows preemption strategy strength By Bloomberg Law ●  Read more »   AI junk is starting to pollute the internet By Wall Street Journal ●  Read more »     Competition watch UK's CMA open to new Microsoft-Activision probe after u-turn By Reuters ●  Read more »   Meta to fight EU charges over Facebook Marketplace abuse By Bloomberg News ●  Read more »   'An act of war': Inside America's silicon blockade against China By New York Times ●  Read more »     Trending Regulators will appeal court's decision allowing Microsoft to buy Activision By Caroline O'Donovan and Cat Zakrzewski ●  Read more »   Elon Musk forms new AI company, with researchers from Google, OpenAI By Gerrit De Vynck ●  Read more »     Daybook The FCC hosts a half-day-long AI workshop beginning at 9 a.m. FTC Chair Lina Khan testifies to the House Judiciary Committee at 10 a.m. The Internet Law and Policy Foundry convenes a discussion on how AI is being used in various industries at 1 p.m. Sen. Mark R. Warner (D-Va.) discusses technology geopolitics with the German Marshall Fund tomorrow at 11:30 a.m.   Before you log off That's all for today — thank you so much for joining us! Make sure to tell others to subscribe to The Technology 202 here. Get in touch with tips, feedback or greetings on Twitter or email.    More intelligence for leaders. Our 202 newsletters are your go-to source for all things Washington. Check out the rest of the suite. A lunchtime briefing featuring political analysis and a global perspective on the stories driving the day. Delivered weekdays.   Sign up

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