Introduction

ChatGPT is a language learning model that possesses many impressive capabilities. An individual can simply type in a prompt into the message box and engage with an Artificial Intelligence (“AI”) chatbot that responds with human-like interactions. Some of the capabilities of this new technology include the ability to offer writing assistance, answer questions about various topics, translate foreign languages, and assist in computer coding problems, among many other capabilities to come.

ChatGPT is revolutionizing the way artificial intelligence is utilized on a global scale, and with its integration into various other websites and services, it will likely continue to grow on a global scale. With this new unprecedented access for many to such technology, many are left wondering what types of laws and restrictions are in place to structure its utilization and prevent potentially harmful uses and outcomes.

Legal Landscape Of Artificial Intelligence

Although regulations are likely around the corner, as of writing this blog there are no clear-cut federal regulations established by Congress on the matter. However, the White House Office of Science and Technology Policy has published the Blueprint for an AI Bill of Rights to guide the design, use, and deployment of AI systems. The White House proposes five principles: (1) Safe and Effective Systems, (2) Algorithmic Discrimination Protections, (3) Data Privacy, (4) Notice and Explanation, and (5) Human Alternatives, Consideration, and Fallback. The below excerpts provide a synopsis of each principle.

Safe and Effective Systems: The AI developments should be developed with diverse groups, stakeholders, and experts to determine potential risks and impacts. There should be testing at all stages to ensure the AI functions as intended without a foreseeable endangerment of safety. The systems should have safeguards that protect from the potential misuse and resulting harm.

Algorithmic Discrimination Protections: AI systems should not discriminate based on race, color, ethnicity, sex (including pregnancy, childbirth, and related medical conditions, gender identity, intersex status, and sexual orientation), religion, age, national origin, disability, veteran status, genetic information, or any other classification protected by law. The AI systems should be tested for discrimination, and proactive measures should be taken to ensure that there is no discrimination.

Data Privacy: AI systems should seek an individual’s permission before collecting, using, accessing, transmitting, or deleting your user data. Those AI systems should also have safeguards in place and be transparent about the systems use of your data.

Notice and Explanation: Developers should provide descriptions of how the AI model and the outcomes it provides work that is easy to understand.

Human Alternatives, Consideration, and Fallback: AI systems should provide the ability to opt out of the AI Chatbot and have quick access to a human alternative. Training should be provided for the human operators. Human consideration should be used in addition to AI for adverse or high-risk decisions, especially in certain fields such as criminal justice, employment, education, and healthcare.

Restrictions On Governmental Artificial Intelligence

The National Artificial Intelligence Initiative Office was created through the passage of the Artificial Intelligence Initiative Act of 2020 (NAIIA). The NAIIA directs the President on education and training programs for AI, planning and coordinating interagency AI activities, outreach, and supporting research institutes, among other activities.

The use of AI by the federal government is outlined in the AI in Government Act of 2020 and Executive Order 13960 titled “Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government.” The AI in Government Act created a program called the “AI Center of Excellence.” Some of the duties of the program include facilitating the adoption and integration of AI within the federal government, enhancing governmental operations, collecting and publishing information about programs led by other agencies on a publicly available website, advising agencies on the use of AI, assisting in applying Federal policies regarding use of data in AI, and finally consulting with other agencies to create standards and guidelines and to fund AI development.

Executive Order 13960 encourages agencies to adopt AI and to establish a policy for the adoption and use of AI. The policy requires that the government: (1) design, develop, acquire, and use AI consistent with our Constitution and all other laws such as privacy laws, civil rights, and civil liberties; (2) Seek opportunities to use AI where the benefits outweigh the risks; (3) Ensure that AI is accurate, reliable, and effective in their utilization; (4) ensure the AI applications are safe and secure; (5) ensure that agencies and experts understand the technology; (6) have traceable and documented AI designs, developments, and acquisitions; (7) regularly maintain and monitor the technology; (8) be transparent in disclosing use of AI to stakeholders such as Congress and the public as required by law or policies; (9) monitor, audit, and document compliance with appropriate safeguards of the technology.

Additionally, other agencies have already adopted guidelines and principles for the use of AI for national security or defense purposes, such as the Department of Defense’s Ethical Principles for Artificial Intelligence (February 24, 2020), and the Office of the Director of National Intelligence’s Principles of Artificial Intelligence Ethics for the Intelligence Community (July 23, 2020) and its Artificial Intelligence Ethics Framework for the Intelligence Community (July 23, 2020).

Conclusion

The past few years have witnessed a remarkable expansion in the realm of AI developments. From cutting-edge breakthroughs to widespread implementation across industries, AI has continued to push the boundaries of what was once unimaginable. The future of AI and the associated regulations will likely be the cornerstone of new technological developments and businesses.

If you have any questions about setting up a business or need a litigator as a result of AI technology, our team at SW&L Attorneys can help guide you through the process. To get in touch with our team, call 701-297-2890 or email us at: info@swlattorneys.com.

This article is for informational purposes only and is subject to our disclaimer.