Close to Home: Writing rules of the road for AI

With the world’s attention fixed on the rapid development of artificial intelligence, President Joe Biden and Gov. Gavin Newsom have issued separate executive orders guiding the regulatory future of this transformative technology.

Now it is time for the legislative branches of government to act. Surprisingly, neither Congress nor state legislators have adopted comprehensive laws to ensure continued innovation and consumer protection in the face of such sweeping advancements.

That must change when the state Assembly and Senate begin the 2024 session. On every front, California is a global leader, and we cannot afford to sit idly by with unprecedented AI expansion posing serious risks. We must pass commonsense legislation to protect consumers from discrimination from generative AI algorithms that could be used to determine what financial products or interest rates we’re offered, the food choices advertised to us or even the approval for housing or health care services.

Also, we must address the impacts on our workforce and the potential to undermine our privacy and perpetrate fraud as AI is used to create false images known as deepfakes.

Fortunately, the president and governor have laid important groundwork.

The president in October issued an executive order to ensure “safe, secure, and trustworthy artificial intelligence.” The directive sets out new standards for AI safety, including new privacy safeguards designed to protect consumers. Among other things, it requires developers of the most powerful AI systems, including ChatGPT, to share safety test results for an innovation that might pose a national security or public health risk. The president also called for establishment of standards to protect against AI-generated fraud and to advance equity and civil rights.

Likewise, Newsom’s September order outlines eight provisions to achieve the ethical and responsible deployment of AI in our state while maintaining our status as the generative AI leader. It includes directing state agencies to analyze any vulnerabilities in our energy infrastructure as well as determining beneficial uses of AI. It provides a wide-ranging opportunity to harness legitimate uses of AI to build our economy while fortifying our state against potential harms.

Between the two directives, there is much opportunity for state legislation. As the governor said, we “recognize both the potential benefits and risks these tools enable. We’re neither frozen by the fears nor hypnotized by the upside.”

For my part, I will build on my Senate Concurrent Resolution 17, adopted earlier this year, which underscores the power and risks of AI and pledges to keep California on the cutting edge of regulation. As the first AI-drafted state resolution, it serves as a general mission statement on AI for our state.

Also, I’ll continue to pursue legislation on much-needed disclosures and oversight. For instance, I’m reintroducing my bill to require state agencies to notify consumers when they use AI to communicate with them. This comes in response to the increase in tasks handled by machines, which can now imitate human reasoning, problem-solving, perception and natural language. And I will incorporate and build upon executive action to ensure our state laws anticipate the next hurdles.

Because clearly, AI brings one of the most profound technological shifts humanity has experienced. It’s happening at a remarkable speed. We do not have the luxury of waiting for others to act. It is time to lead by example, and AI regulations are an ideal place for California policymakers to start.

Bill Dodd, D-Napa, represents the 3rd state Senate District.

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