The White House has been promising a set of national rules to guide artificial intelligence since late last year, and today Sen. Marsha Blackburn (R-Tenn.) fired the first volley. The senator shared a discussion draft for codifying the executive order signed by President Donald Trump in December calling for an AI bill. Her stated goal is a policy that “protects children, creators, conservatives and communities from harm.”
Blackburn has called for tougher policies for AI safety, and one of the core messages in this discussion draft is that it “places a duty of care on AI developers in the design, development and operation of AI platforms to prevent and mitigate foreseeable harm to users.” It also draws a line on the many copyright infringement questions raised by creative industries: “an AI model’s unauthorized reproduction, copying, or processing of copyrighted works for the purpose of training, fine-tuning, developing, or creating AI does not constitute fair use under the Copyright Act.”
Some of the other notable provisions are:
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Requires covered online platforms, including social media platforms, to implement tools and safeguards to protect users under the age of 17 against online harms.
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Protects the voice and visual likenesses of individuals and creators from the proliferation of digital replicas without their consent.
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Sets new federal transparency guidelines for marking, authenticating and detecting AI-generated content.
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Requires certain companies and federal agencies to issue reports on AI-related job effects, including layoffs and job displacement to the U.S. Department of Labor (DOL) on a quarterly basis.
It includes ending Section 230, marking the latest attempt to retire a law that has been questioned as a possible loophole for AI companies to escape liability when their tools cause harm. While AI critics might see positive signs here, remember that this is just the initial version of the framework. Lawmakers will likely spend a lot of time negotiating over the eventual result, which may be notably de-fanged from its current state. It could wind up with a lot more requirements echoing this Republican complaint: “Combats the consistent pattern of bias against conservative figures demonstrated by AI systems by requiring third-party audits to prevent discrimination based on political affiliation.” Despite the claims of suppression and censorship, we’ve consistently seen this conservative argument to be false — or at the very least misleading.
