The recent burst of generative artificial intelligence is forcing the US Senate into a debate lawmakers have put off for years: privacy reform.
While Americans’ personal data is a commodity sold, traded, mined, and even “recycled,” passing from second party to third party to digital banana stand, some senators believe your personal data is siloed off from the earth-altering AI work those companies, like OpenAI and Google, are testing, tweaking, and deploying daily.
“They want to predict the future for purposes of marketing and selling products, and that’s already there,” says Florida Republican Marco Rubio, the vice-chair of the Senate Intelligence Committee, dismissing the need for an overhaul of federal privacy laws.
Rubio is far from an outlier. Ted Cruz of Texas, the top Republican on the Senate Commerce Committee, agrees. “I think if the Democrats push through restrictions on innovation and AI, it would be disastrous for America,” Cruz says. If the United States doesn’t lead, goes the GOP’s stock argument, an adversarial nation (read: China) will.
Still, there’s fear about AI’s potential to dramatically alter the world, which has kept senators mostly united over the need to do something. But with lawmakers beginning to write AI-related legislation, old and unresolved privacy debates are proving a major impediment—and there’s little room for error on the tightrope of bipartisanship in today’s Washington.
In our rapidly evolving world, Congress must debate the past, even as AI is statistically generating our future.
Before Congress left Washington for a month-long August recess, senators held their third and final all-senators AI briefing. Although not all 100 senators attended, the bipartisan, closed-door AI briefings were intended to provide a baseline framework for understanding artificial intelligence. If nothing else, the briefings surely got senators talking about AI. Almost instantly, the AI chatter resurrected data privacy debates that had died in each recent congressional session.
Rubio’s gut reaction is that he’s fine with American tech companies running unregulated through the frontiers of AI as they create even newer frontiers. Commerce, he says, is commerce. “They’ll take the data to try to predict what you’re going to buy tomorrow or where you want to travel to tomorrow or what you want to look at. It already does,” Rubio says. “We still have laws that govern things like privacy and property rights and all kinds of [areas]. Certainly, those things would still be prohibited whether it’s a human or a machine that’s violating it.”
Senators like Rubio and Cruz appear to forget what happened the last time Congress decided to just let the tech industry run wild. Google swallowed our ability to find information while collecting every bit of personal data it could. Facebook and Twitter created dossiers on everyone who touched them before dictating who and what can be said on social media. And Amazon consumed nearly 40 percent of the retail world (along with our data) while expanding into cloud storage, entertainment, satellite internet, and a bazillion other markets.
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