Why Protecting Data is Essential for Regulating Artificial Intelligence?

### Introduction

Artificial intelligence (AI) has become increasingly prevalent in our daily lives, with applications like Google’s predictive search, Instagram’s connection suggestions, and Alexa’s voice-activated commands. However, the introduction of generative AI applications, such as ChatGPT, has raised concerns about the impact of this technology and its implications for society. In response, Congress has held hearings and proposed bipartisan bills to address these concerns. However, while it is important to raise questions about AI, focusing on prospective application may hinder future innovations or exacerbate potential dangers. Instead, Congress should prioritize addressing data management and control, as data is the fuel that powers AI. By safeguarding data and ensuring transparency and oversight, we can better steer the direction of AI development and protect user privacy and cybersecurity.

### The Importance of Data Management

The Federal Trade Commission highlights that the foundation of any generative AI model lies in the underlying data, particularly exceptionally large datasets. Therefore, rather than speculating on the unknown aspects of AI, Congress should focus on resolving the known issues related to data management. Currently, a few Big Tech companies, including Google, Meta, and Apple, have unilateral control over access, aggregation, and distribution of data. This gives them the power to shape the future of AI according to their own interests, potentially stifling competition and innovation.

### Addressing Data Concentration

To ensure that AI benefits its users and guarantees cybersecurity, it is crucial to address control of the data marketplace. The concentration of data in the hands of a few companies raises concerns about consolidated power and the potential for abuse. Transparency and oversight become essential in order to protect the interests of users and promote a level playing field. Rather than allowing the biggest players to divert attention away from antitrust policies and data regulation, Congress should maintain focus on the need to address data concentration.

### Voluntary Commitments and the Need for Regulation

While some Big Tech companies have made voluntary commitments to principles of “safety, security, and trust” regarding AI, these commitments tend to be vaguely defined and difficult to enforce. Voluntary measures alone do not substitute the need for comprehensive regulation. Therefore, it is essential to prioritize the development of robust data policies that address data concentration, transparency, and oversight.

### Online Child Safety

The negative impact of online services on children has become an increasing concern. Social media platforms and other tech services have been linked to higher instances of depression, anxiety, isolation, and even suicide among children. Congress must actively address these harms to children caused by tech companies. Legislation such as the AMERICA Act, the Kids Online Safety Act, and the Protecting Kids on Social Media Act offer viable solutions by tackling anticompetitive behavior, increasing transparency in data management, and curbing the use of children’s online data that poses risks to their well-being.

### Balancing Future Concerns with Current Data Policy

While it is important for Congress to evaluate the future implications of AI, it must not overlook the need to build a solid foundation in data policy. By prioritizing data management and control, Congress can optimize the long-term development of AI while simultaneously addressing current market imbalances and harms to children. Discrete data-centric policies, such as those proposed in bipartisan bills, have clear potential but risk being overshadowed if the focus remains solely on AI without addressing existing challenges.

### Conclusion

Safeguarding data is essential to ensure the responsible development and application of AI. Congress must not let the anticipation of future AI possibilities hinder the opportunity to build critical data policies now. By addressing issues of data concentration, transparency, and oversight, we can shape a future of AI that benefits society as a whole, protects user privacy, and ensures cybersecurity. It is imperative that Congress takes proactive steps to balance future concerns with current data policy to harness the benefits of AI while mitigating potential risks.