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FTC says it will target AI that is deceptive or violates civil rights

In a congressional hearing, FTC Chair Lina Khan said that the newest versions of AI could be used to turbocharge fraud and scams and that any wrongdoing “should put them on the hook for FTC action.”
Lina Khan testifies during the House Energy and Commerce Subcommittee on Innovation, Data, and Commerce hearing at the Capitol
Federal Trade Commission Chair Lina Khan testifies at a House committee hearing Tuesday at the Capitol.Tom Williams / CQ-Roll Call, Inc via Getty Images file

Leaders of the U.S. Federal Trade Commission said on Tuesday the agency would pursue companies who misuse artificial intelligence to violate laws against discrimination or be deceptive.

The sudden popularity of Microsoft-backed OpenAI’s ChatGPT this year has prompted calls for regulation amid concerns around the world about the possible use of the innovation for wrongdoing even as companies are seeking ways to use it to enhance efficiency. 

In a congressional hearing, FTC Chair Lina Khan and Commissioners Rebecca Slaughter and Alvaro Bedoya were asked about concerns that recent innovation in artificial intelligence, which can be used to produce high quality deep fakes, could be used to make more effective scams or otherwise violate laws.

Bedoya said companies using algorithms or artificial intelligence were not allowed to violate civil rights laws or break rules against unfair and deceptive acts.

“It’s not okay to say that your algorithm is a black box” and you can’t explain it, he said.

Khan agreed the newest versions of AI could be used to turbocharge fraud and scams and any wrongdoing would “should put them on the hook for FTC action.”

Slaughter noted that the agency had throughout its 100 year history had to adapt to changing technologies and indicated that adapting to ChatGPT and other artificial intelligence tools were no different.

The commission is organized to have five members but currently has three, all of whom are Democrats.

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