As AI Rises, Lawmakers Try to Catch Up

Representation photo (AP)
Representation photo (AP)
TT

As AI Rises, Lawmakers Try to Catch Up

Representation photo (AP)
Representation photo (AP)

From "intelligent" vacuum cleaners and driverless cars to advanced techniques for diagnosing diseases, artificial intelligence has burrowed its way into every arena of modern life.

Its promoters reckon it is revolutionizing human experience, but critics stress that the technology risks putting machines in charge of life-changing decisions.

Regulators in Europe and North America are worried.

The European Union is likely to pass legislation next year -- the AI Act -- aimed at reining in the age of the algorithm.

The United States recently published a blueprint for an AI Bill of Rights and Canada is also mulling legislation.

Looming large in the debates has been China's use of biometric data, facial recognition and other technology to build a powerful system of control.

Gry Hasselbalch, a Danish academic who advises the EU on the controversial technology, argued that the West was also in danger of creating "totalitarian infrastructures".

"I see that as a huge threat, no matter the benefits," she told AFP.

But before regulators can act, they face the daunting task of defining what AI actually is.

- 'Mug's game' -
Suresh Venkatasubramanian of Brown University, who co-authored the AI Bill of Rights, said trying to define AI was "a mug's game".

Any technology that affects people's rights should be within the scope of the bill, he tweeted.

The 27-nation EU is taking the more tortuous route of attempting to define the sprawling field.

Its draft law lists the kinds of approaches defined as AI, and it includes pretty much any computer system that involves automation.

The problem stems from the changing use of the term AI.

For decades, it described attempts to create machines that simulated human thinking.

But funding largely dried up for this research -- known as symbolic AI -- in the early 2000s.

The rise of the Silicon Valley titans saw AI reborn as a catch-all label for their number-crunching programs and the algorithms they generated.

This automation allowed them to target users with advertising and content, helping them to make hundreds of billions of dollars.

"AI was a way for them to make more use of this surveillance data and to mystify what was happening," Meredith Whittaker, a former Google worker who co-founded New York University's AI Now Institute, told AFP.

So the EU and US have both concluded that any definition of AI needs to be as broad as possible.

- 'Too challenging' -
But from that point, the two Western powerhouses have largely gone their separate ways.

The EU's draft AI Act runs to more than 100 pages.

Among its most eye-catching proposals are the complete prohibition of certain "high-risk" technologies -- the kind of biometric surveillance tools used in China.

It also drastically limits the use of AI tools by migration officials, police and judges.

Hasselbach said some technologies were "simply too challenging to fundamental rights".

The AI Bill of Rights, on the other hand, is a brief set of principles framed in aspirational language, with exhortations like "you should be protected from unsafe or ineffective systems".

The bill was issued by the White House and relies on existing law.

Experts reckon no dedicated AI legislation is likely in the United States until 2024 at the earliest because Congress is deadlocked.

- 'Flesh wound' -
Opinions differ on the merits of each approach.

"We desperately need regulation," Gary Marcus of New York University told AFP.

He points out that "large language models" -- the AI behind chatbots, translation tools, predictive text software and much else -- can be used to generate harmful disinformation.

Whittaker questioned the value of laws aimed at tackling AI rather than the "surveillance business models" that underpin it.

"If you're not addressing that at a fundamental level, I think you're putting a band-aid over a flesh wound," she said.

But other experts have broadly welcomed the US approach.

AI was a better target for regulators than the more abstract concept of privacy, said Sean McGregor, a researcher who chronicles tech failures for the AI Incident Database.

But he said there could be a risk of over-regulation.

"The authorities that exist can regulate AI," he told AFP, pointing to the likes of the US Federal Trade Commission and the housing regulator HUD.

But where experts broadly agree is the need to remove the hype and mysticism that surrounds AI technology.

"It's not magical," McGregor said, likening AI to a highly sophisticated Excel spreadsheet.



US Supreme Court Upholds Law Banning TikTok If It’s Not Sold by Its Chinese Parent Company

A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)
A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)
TT

US Supreme Court Upholds Law Banning TikTok If It’s Not Sold by Its Chinese Parent Company

A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)
A person live streams to their TikTok followers as the high justices rule to uphold a ban on the video-sharing app TikTok in the TikTok vs. Merrick Garland case in Washington, DC, USA, 17 January 2025. (EPA)

The Supreme Court on Friday unanimously upheld the federal law banning TikTok beginning Sunday unless it's sold by its China-based parent company, holding that the risk to national security posed by its ties to China overcomes concerns about limiting speech by the app or its 170 million users in the United States.

A sale does not appear imminent and, although experts have said the app will not disappear from existing users' phones once the law takes effect on Jan. 19, new users won't be able to download it and updates won't be available. That will eventually render the app unworkable, the Justice Department has said in court filings.

The decision came against the backdrop of unusual political agitation by President-elect Donald Trump, who vowed that he could negotiate a solution and the administration of President Joe Biden, which has signaled it won't enforce the law beginning Sunday, his final full day in office.

Trump, mindful of TikTok’s popularity, and his own 14.7 million followers on the app, finds himself on the opposite side of the argument from prominent Senate Republicans who fault TikTok’s Chinese owner for not finding a buyer before now. Trump said in a Truth Social post shortly before the decision was issued that TikTok was among the topics in his conversation Friday with Chinese leader Xi Jinping.

It’s unclear what options are open to Trump once he is sworn in as president on Monday. The law allowed for a 90-day pause in the restrictions on the app if there had been progress toward a sale before it took effect. Solicitor General Elizabeth Prelogar, who defended the law at the Supreme Court for the Democratic Biden administration, told the justices last week that it's uncertain whether the prospect of a sale once the law is in effect could trigger a 90-day respite for TikTok.

“Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” the court said in an unsigned opinion, adding that the law “does not violate petitioners' First Amendment rights.”

Justices Sonia Sotomayor and Neil Gorsuch filed short separate opinions noting some reservations about the court's decision but going along with the outcome.

“Without doubt, the remedy Congress and the President chose here is dramatic,” Gorsuch wrote. Still, he said he was persuaded by the argument that China could get access to “vast troves of personal information about tens of millions of Americans.”

Some digital rights groups slammed the court’s ruling shortly after it was released.

“Today’s unprecedented decision upholding the TikTok ban harms the free expression of hundreds of millions of TikTok users in this country and around the world,” said Kate Ruane, a director at the Washington-based Center for Democracy & Technology, which has supported TikTok’s challenge to the federal law.

Content creators who opposed the law also worried about the effect on their business if TikTok shuts down. “I’m very, very concerned about what’s going to happen over the next couple weeks,” said Desiree Hill, owner of Crown’s Corner mechanic shop in Conyers, Georgia. “And very scared about the decrease that I’m going to have in reaching customers and worried I’m going to potentially lose my business in the next six months.”

At arguments, the justices were told by a lawyer for TikTok and ByteDance Ltd., the Chinese technology company that is its parent, how difficult it would be to consummate a deal, especially since Chinese law restricts the sale of the proprietary algorithm that has made the social media platform wildly successful.

The app allows users to watch hundreds of videos in about half an hour because some are only a few seconds long, according to a lawsuit filed last year by Kentucky complaining that TikTok is designed to be addictive and harms kids' mental health. Similar suits were filed by more than a dozen states. TikTok has called the claims inaccurate.

The dispute over TikTok's ties to China has come to embody the geopolitical competition between Washington and Beijing.

“ByteDance and its Chinese Communist masters had nine months to sell TikTok before the Sunday deadline,” Sen. Tom Cotton, R-Ark., wrote on X. “The very fact that Communist China refuses to permit its sale reveals exactly what TikTok is: a communist spy app. The Supreme Court correctly rejected TikTok’s lies and propaganda masquerading as legal arguments.”

The US has said it’s concerned about TikTok collecting vast swaths of user data, including sensitive information on viewing habits, that could fall into the hands of the Chinese government through coercion. Officials have also warned the algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who can use it to shape content on the platform in a way that’s difficult to detect.

TikTok points out the US has not presented evidence that China has attempted to manipulate content on its US platform or gather American user data through TikTok.

Bipartisan majorities in Congress passed legislation and Biden signed it into law in April. The law was the culmination of a yearslong saga in Washington over TikTok, which the government sees as a national security threat.

TikTok, which sued the government last year over the law, has long denied it could be used as a tool of Beijing. A three-judge panel made up of two Republican appointees and a Democratic appointee unanimously upheld the law in December, prompting TikTok’s quick appeal to the Supreme Court.

Without a sale to an approved buyer, the law bars app stores operated by Apple, Google and others from offering TikTok beginning on Sunday. Internet hosting services also will be prohibited from hosting TikTok.

ByteDance has said it won’t sell. But some investors have been eyeing it, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire businessman Frank McCourt. McCourt’s Project Liberty initiative has said it and its unnamed partners have presented a proposal to ByteDance to acquire TikTok’s US assets. The consortium, which includes “Shark Tank” host Kevin O’Leary, did not disclose the financial terms of the offer.

McCourt, in a statement following the ruling, said his group was “ready to work with the company and President Trump to complete a deal.”

Prelogar told the justices last week that having the law take effect “might be just the jolt” ByteDance needs to reconsider its position.