How to Regulate AI? Start With the Data


Article by Susan Ariel Aaronson: “We live in an era of data dichotomy. On one hand, AI developers rely on large data sets to “train” their systems about the world and respond to user questions. These data troves have become increasingly valuable and visible. On the other hand, despite the import of data, U.S. policy makers don’t view data governance as a vehicle to regulate AI.  

U.S. policy makers should reconsider that perspective. As an example, the European Union, and more than 30 other countries, provide their citizens with a right not to be subject to automated decision making without explicit consent. Data governance is clearly an effective way to regulate AI.

Many AI developers treat data as an afterthought, but how AI firms collect and use data can tell you a lot about the quality of the AI services they produce. Firms and researchers struggle to collect, classify, and label data sets that are large enough to reflect the real world, but then don’t adequately clean (remove anomalies or problematic data) and check their data. Also, few AI developers and deployers divulge information about the data they use to train AI systems. As a result, we don’t know if the data that underlies many prominent AI systems is complete, consistent, or accurate. We also don’t know where that data comes from (its provenance). Without such information, users don’t know if they should trust the results they obtain from AI. 

The Washington Post set out to document this problem. It collaborated with the Allen Institute for AI to examine Google’s C4 data set, a widely used and large learning model built on data scraped by bots from 15 million websites. Google then filters the data, but it understandably can’t filter the entire data set.  

Hence, this data set provides sufficient training data, but it also presents major risks for those firms or researchers who rely on it. Web scraping is generally legal in most countries as long as the scraped data isn’t used to cause harm to society, a firm, or an individual. But the Post found that the data set contained swaths of data from sites that sell pirated or counterfeit data, which the Federal Trade Commission views as harmful. Moreover, to be legal, the scraped data should not include personal data obtained without user consent or proprietary data obtained without firm permission. Yet the Post found large amounts of personal data in the data sets as well as some 200 million instances of copyrighted data denoted with the copyright symbol.

Reliance on scraped data sets presents other risks. Without careful examination of the data sets, the firms relying on that data and their clients cannot know if it contains incomplete or inaccurate data, which in turn could lead to problems of bias, propaganda, and misinformation. But researchers cannot check data accuracy without information about data provenance. Consequently, the firms that rely on such unverified data are creating some of the AI risks regulators hope to avoid. 

It makes sense for Congress to start with data as it seeks to govern AI. There are several steps Congress could take…(More)”.