In March of 2023, I submitted a public comment* on California’s proposed data privacy rule-making around so-called “automated decision-making” (ADM) technologies, which include artificial intelligence (AI)/machine learning (ML) systems. I believe we are at a critical inflection point in the development and deployment of these technologies. …

Great read! Regulating AI is not just about curbing technological power and protecting individual rights, but also safeguarding the interests of society. AI's potential for voter manipulation and misinformation dissemination is a key short term risk as it directly impacts the political landscape. Sam Altman's analogy of a "printing press moment" drives home the need for serious and thoughtful legislation. We must strike a balance between harnessing AI's transformative potential and avoiding its potential pitfalls. A dialogue between policymakers, tech leaders, and the public is essential in shaping responsible AI. #AIRegulation #ArtificialIntelligence

Providing adequate notice to consumers prior to collection of personal data for training appears to be the only practical way of enforcing personal privacy rights. The regulatory enforcement method of algorithmic disgorgement should be reserved for only the most egregious of harms.

This ex ante accountability seems most sensible for high risk AI uses where there's significant risk of harm. In the US, we impose ex ante regulation in areas as diverse as medical devices (FDA), public securities offerings (SEC), and nuclear power (NRC). …

Insightful point on the GDPR. Whether the US likes it or not, the EU is leading the way on regulation of the modern data economy. Unlike with data privacy, the US can't afford to sit back on AI and let the Europeans define the regulatory landscape.

Cynical but probably accurate.

My California dream started when I migrated from the East Coast to attend college in Southern California. In those first few months everything seemed to sparkle like a real-life fairy tale: from the brightness of the California sun, to the sparkling snow topping Mount Baldy. Everything seemed crisper and happier…

The Justice Department surprised everyone last week with its decision to delay its efforts to compel Apple to help the FBI break into the iPhone used by one of the San Bernardino shooters. While this specific case may be forestalled, the encryption and larger policy conflict is just beginning. In…

Apple, the FBI, and We the People — Part 1 What does Scalia’s passing and Apple’s back-door conundrum have to do with liberty and security? Both issues highlight the impasse in politics, policy and law where absolute and knee-jerk positions undermine governance for, by and of the people. But if…