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- The first of many!
The first of many!
Welcome to Regulating the Rise, AI news for policymakers, legal professionals, and tech leaders
Welcome to the first of many!
Greetings! I'm Erik, a lawyer (but not your lawyer), tech enthusiast, and now author of this newsletter! I'm thrilled to welcome you to the very first edition of my weekly newsletter, Regulating the Rise, written for policymakers, legal professionals, and tech leaders interested in the rapid advances of AI, as well as the complex legal and ethical implications surrounding its emergence.
Inside you’ll find:
🦅 Federal - New laws, policies, and rulings from the three branches
🏛️ State - See what the nifty fifty get up to as they race to both regulate and encourage AI jobs in their home state
⚖️ Lawsuits - Who is suing who, why, and what it means for the rest of us
🤖 On the Rise - Threats yet to be tackled but worth a look
💭 Closing Thoughts - Pulling it all together with my take on everything as a lawyer and technologist
💼 Jobs and Events! (coming soon)
Let’s dive in!
Federal
FTC Launches Inquiry into Generative AI Investments and Partnerships
🔑 The FTC has launched an inquiry into partnerships and investments between major tech companies and AI startups to understand the impact on competition.
The FTC issued orders to Microsoft, Google, Amazon, OpenAI and Anthropic seeking info on multi-billion dollar deals between cloud providers and generative AI firms. It will scrutinize these partnerships to see if they risk distorting innovation or undermining competition. Under FTC Linda Khan, there has been a measurable increase in policing anti-competitive behavior, so we can expect this to be just the beginning.
“History shows that new technologies can create new markets and healthy competition. As companies race to develop and monetize AI, we must guard against tactics that foreclose this opportunity... our study will shed light on whether investments and partnerships pursued by dominant companies risk distorting innovation and undermining fair competition."
Why is this important? As the industry heats up, regulators' are taking steps the show concern over consolidation of power and access to key AI inputs among a few dominant players. The FTC’s scrutiny and potential anti-competitive impact from these deals will be crucial to policy makers as they decide how best to mitigate the risks of current big tech AI alliances. Between this and the White House’s recent efforts, we are seeing multiple signals of greater governmental oversight of deals in this strategic technology sector.
Keep reading:
In other news:
State
NJ Governor Murphy announces plan to make N.J. home-base for AI professionals
NJ Gov. Murphy announced a plan to establish an AI research institute and position NJ as a leader in developing ethical, revolutionary AI applications.
In his State of the State address, Gov. Murphy outlined a proposal to create a state AI research institute partnering universities and companies. He aims to pioneer AI breakthroughs in healthcare, climate, education etc. over the next decade. NJ would drive innovation in generative AI to benefit wider society.
Why is this important? This move signals a significant state-level investment to strategically support the development of responsible and equitable AI systems. It provides a potential model for proactive policymaking and economic growth around emerging technology. It also seems like the beginning of a new front on which states will be fighting to bring in jobs, much like they have done in the past with Amazon HQs (with underwhelming results) and sports stadiums (also doesn’t live up to the hype). Don’t take my word for it, here is what the Governor said:
“Because, if we do not take the lead on AI, I guarantee you: Someone else will.”
Keep reading:
In other news:
Lawsuits
Someone thought AI George Carlin was a good idea (it isn’t)
An unauthorized, hour long stand-up special featuring an AI version of George Carlin was released al 15 years after his death, drawing criticism from Carlin's daughter who says no machine can replicate his genius and a lawsuit from his estate.
The comedy podcast "Dudesy" created a special using AI to mimic Carlin's voice and comedy style, tackling modern issues he never addressed before passing in 2008. His daughter Kelly Carlin criticized the special on social media, saying her father's authentic work should speak for itself and real comics deserve support over AI imitation.
Why is this important? This shows both the capabilities and ethical issues around using AI to fabricate new work imitating deceased performers without consent, and honestly even with consent of the estate. As AI generation tech advances, figuring out protections for reputations and creative legacies will be vital. Furthermore, we will see folks selling their likeness and maybe even some version of their consciousness to companies to monetize long after they die. The response also illustrates resistance to replacement of human artistry by machines but the need for legislators to rethink the meaning of “life of the author plus 70.”
In other news:
On the Rise
Meta’s "Incoherent Policy on Manipulated Media Comes Up Short
🔑 Meta's Oversight Board says the company's policies on manipulated media are inadequate and inconsistently enforced. The board recommends expanding the definition of manipulated media beyond just AI-generated content to include other types of fakes.
An independent oversight board criticized Meta's policies on manipulated media like deepfakes. It says the current focus only on AI-generated fakes is too narrow. The board advised broadening protections by labeling more types of altered media and judging based on potential harms rather than how it was created. This comes amid growing threats of online election misinformation.
Why is this important? This issue directly impacts the spread of mis/disinformation and risks undermining democratic processes and elections. With the US presidential elections just around the corner and this technology becoming more and more accessible, it’s imperative that companies are prepared for the flood of this new kind of media. The oversight board's findings highlight current policy gaps at one of the world's largest social media platforms.
Keep reading:
In other news:
Closing Thoughts
Thank you! As this is my first time writing a newsletter and the very first issue, I want to thank you for taking the time to read all the way through. Artificial Intelligence is definitely having it’s moment, but unlike previous hot trends like NFTs and crypto, I believe this will truly change the business landscape across America and merits new and innovate approaches to policy, law, and consumer protection. NFTs have already faded into the background and crypto for all its hype, can and likely will be effectively regulated by expanding on currently rules and regulations around financial instruments, and regular old fraud. Artificial Intelligence however is touching so many areas of the law and getting bolted on to every piece of software you can think of. No-one is safe from its impact and it is up to our elected officials, and us as citizens, to ensure we all survive the rise.
-e