We have all been exposed to AI in some form or another over the past year. Whether it be asking ChatGPT for an easy recipe, accidentally opening the chat AI Snapchat feature, or discovering the Lexis AI launch, we have all fallen victim to the crutch artificial intelligence is forming in society. Though there are many successes attributed to artificial intelligence, the negatives are rapidly unfolding, and lawmakers cannot keep up.
Published in October 2022, the White House Office of Science and Technology Policy created a “Blueprint for an AI Bill of Rights”, attempting to formulate guidelines that combat the threat of artificial intelligence to our rights. Though this is merely a blueprint, the White House’s voice on this phenomenon demonstrates that they, too, are cognizant of the impending dangers that artificial intelligence has imposed on society. Following the blueprint, on October 30, 2023, an executive order was placed regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”. The executive order mandates that artificial intelligence developers share their findings with the U.S. government if their developed systems are believed to potentially be posed as a threat to national security.
In 2023, 25 states introduced artificial intelligence bills, and 18 of those states were able to adopt and enact legislation. Ohio, however, has been a bit slow to the AI regulation game in comparison to our neighboring states, with Pennsylvania at 9 pending bills, and Michigan with 1 enacted bill and 1 pending bill. Though comparatively behind, Ohio is one of the first states to introduce a bill covering a multitude of dangers such as: (1) A civil penalty up to $10,000 for the removal of a watermark on an AI image, (2) Prohibit artificially simulated child pornography, and (3) Prohibit identity fraud using a replica of a person.
On the bright side, artificial intelligence regulation has remained a strong bipartisan issue. However, because this is such a monstrous technological development, we have barely scratched the surface of regulations with unprecedented issues arising daily. Prior to the development of AI, beginning in April 2015, “revenge porn” was a massive hurdle brought to the legislative stage in an attempt to regulate non-consensual pornography. At the end of 2023, 48 states had implemented statutes regulating revenge porn, holding distributors of nonconsensual pornography criminally liable. Thus in 2024, this begs the question, do revenge porn laws apply to deepfakes and artificially digitalized images? Beginning in December 2023, pop-singer Taylor Swift’s facial features were manipulated by various AI developers to depict inappropriate sexual images of her that rapidly circulated social media. The manipulation of these synthetic images poses a genuine threat to every individual in society, not just celebrities. These deepfake images can be viewed as a form of harassment, extortion, invasion of privacy, and intentional infliction of emotional distress, and though it is speculated that Swift is taking legal action, there have been no immediate repercussions for these crude images due to the lack of precedent and unfamiliarity AI has brought forth.
Though the idea of unrivaled and unprecedented AI issues rapidly increasing may feel as though the modern world is heading towards impending doom, we as a society have endured, legislated, and regulated waves of technology booms since the establishment of the United States. From the birth of the internet to self-driving Teslas, the U.S. has remained diligent in regulating technological advancements that may infringe on citizens' rights. We created AI, so we have the power to regulate it. “AI reflects the principles of the people who build it, the people who use it, and the data upon which it is built” - Joe Biden.
References:
“Ai Bill of Rights: What Does It Mean?” Splunk, www.splunk.com/en_us/blog/learn/ai-bill-of-rights.html#:~:text=While%20no%20federal%20law%20currently,Secure%2C%20and%20Trustworthy%20Artificial%20Intelligence. Accessed 22 Feb. 2024.
“Blueprint for an AI Bill of Rights.” The White House, The United States Government, 22 Nov. 2023, www.whitehouse.gov/ostp/ai-bill-of-rights/.
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