A digital ethics organization The Center for AI and Digital Policy (CAIDP) that focuses on artificial intelligence has petitioned the Federal Trade Commission to investigate OpenAI for breaking consumer protection laws, claiming that the company’s release of AI text generating tools has been “biased, deceptive, and a risk to public safety.”
Bias and misinformation are of serious concern for CAIDP. The GPT-4 generating text model from OpenAI, which was released in mid-March, is mentioned as a potential danger in the CAIDP complaint. They include the potential for GPT-4 to generate malicious code and highly customized propaganda, as well as the potential for biased training data to produce preconceptions that are pre-baked or unfair racial and gender preferences in situations like employment.
Additionally, it highlights serious privacy flaws in OpenAI’s product interface, such as a recent glitch that allowed other users to view OpenAI ChatGPT records and presumably financial information.
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The complaint states: Central to consumer protection is the fair and equal treatment of all consumers. Consumer protection law prohibits bias across large sectors of the US economy, including credit, education, employment, housing, and travel.39 40. President Biden has made clear the need to ensure equity, specifically in the deployment of AI systems across the federal government. The President’s Executive Order on Further Advancing Racial Equity and Support for Underserved Communities
Through The Federal Government states, “Agencies shall comprehensively use their respective civil rights authorities and offices to prevent and address discrimination and advance equity for all. Agencies shall prevent and remedy discrimination, including by protecting the public from algorithmic discrimination.” The US Office of Science and Technology Policy (OSTP) has stated that “Algorithms used in hiring and credit decisions have been found to reflect and reproduce existing unwanted inequities or embed new harmful bias and discrimination.
Mentioned in the complaint, In the Matter of OpenAI of March 30, 2023, US Federal Trade Commission Senator Michael Bennett (D-CO) recently sent a letter to the CEO of OpenAI and other industry leaders to “highlight the potential harm to younger users of rushing to integrate generative artificial intelligence (AI) in their products and services.” Senator Bennett wrote, “the race to deploy generative AI cannot come at the expense of our children. Responsible deployment requires clear policies and frameworks to promote safety, anticipate risk, and mitigate harm.” Senator Bennet described how researchers prompted My AI to instruct a child how to cover up a bruise ahead of a visit from Child Protective Services. When they posed as a 13-year-old girl, My AI provided suggestions for how to lie to her parents about an upcoming trip with a 31-year-old man. It later provided the fictitious teen account with suggestions for how to make losing her virginity a special experience by ‘setting the mood with candles or music. Senator Bennett also noted that the public introduction of AI-powered chatbots arrives during an epidemic of teen mental health. A recent report from the Centers for Disease Control and Prevention (CDC) found that 57 percent of teenage girls felt persistently sad or hopeless in 2021, and that one in three seriously contemplated suicide.
In the lawsuit, CAIDP requests that the FTC halt any further commercial deployment of the GPT models and demand that any upcoming commercial deployment first undergo an independent examination of the models. Additionally, it demands the creation of a public reporting platform like the one that enables customers to report fraud. Additionally, it aims to make clear the FTC’s guidelines for generative AI systems, relying on the organization’s continuing but unofficial analysis of AI technologies.
The FTC has stated an interest in regulating AI tools, as CAIDP has noted. It has recently issued a warning that the use of prejudiced AI systems may result in legal action. FTC Chair Lina Khan stated that the organization would be watching for indications that established, large IT corporations are attempting to stifle competition. However, a probe into OpenAI would be a significant expansion of its operations.
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