Law & Order & AI – How Californias Bill SB1047 will impact AI development in the USA

27

September

2024

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The USA are often praised for their openness to innovation, while the EU is seen as lagging behind. But there is one aspect where the USA are now following the EU: AI regulation. In this blogpost I will discuss the Californian Bill “SB 1047: Safe and Secure Innovation for Frontier Artificial Intelligence Models Act” which currently awaits ratification by the Governor of California. (California Legislative Information, 2024)

While not yet enacted, the EU has created one of the most far reaching efforts in the world to regulate AI with the Artificial Intelligence Act (AI Act). As we had discussed in class the AI Act focusses on different aspects such as a risk-based framework, accountability and transparency, governance, and human rights. (European Parliament, 2023)

How does the SB 1047 compare? First off, it is important to note that the Bill would only be turned into law in California. Nonetheless, this more or less means a nationwide application since most affected companies are based in Silicon Valley, California.

SB 1047 focusses on a few different aspects, I have highlighted the ones I think are most far reaching:

  1. Developers must implement controls to prevent the model from causing “critical harm”
  2. Developers must provide a written and separate safety and security protocol
  3. Developers must include a “kill switch” through which a full shutdown can be enacted
  4. Developers will have to have their models be tested, assessed, and regularly audited. (Gibson Dunn, 2024)

Like the AI Act, SB 1047 would focus on high-risk, high-impact AI models, while focusing on safety and security of the people impacted by AI.

But why would you care? Will this even affect everyday people? Isn’t this just stifling innovation and risking loss of competitive advantage?
Before you jump to the comments let me first highlight one of the bills supporters – Elon Musk. On his platform X, Musk has posted about his support for the bill, stating that AI should be regulated like “any product/technology that is a potential risk to the public” (Tan, 2024) I don’t often align with Musk’s views, but I really agree with this stance on regulation!

Screenshot of Musks Tweet suppporting the SB1047 bill.

Why should we let AI and its development stay completely unchecked but still use it for vital parts of our daily life? Why should we not want to know how AI works beneath the engine? Time and time again, history has taught us that leaving big systems unchecked because they were deemed “too complex” or because we trusted the people who run them to do so in the best interest of the public, does not always lead to the desired outcomes.
From job applications, health, safety, to privacy we already use AI in most aspects of life. I, for one, do not want these parts of my life to be guided by the ethics (or maybe lack thereof) of individuals. I want there to be clear legislature and a framework in place to guide the future development of AI. Because even though most people might not clearly see how their life is (beneficially) impacted by AI currently, I don’t want anyone to ever experience how AI might detrimentally impact their life.


Resources used:

California Legislative Information. (2024, September 3). Senate Bill No. 1047: Safe and Secure Innovation for Frontier Artificial Intelligence Models Act. California Legislature. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB1047

European Parliament. (2023, June 1). EU AI Act: First regulation on artificial intelligence. European Parliament News. https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence

Gibson Dunn (2024, September 24). Regulating the Future: Eight Key Takeaways from California’s SB 1047, Pending with Governor Newsom. Gibson Dunn. https://www.gibsondunn.com/regulating-the-future-eight-key-takeaways-from-california-sb-1047-pending-with-governor-newsom/

Musk, E. [@elonmusk]. (2024, September 15). AI should be regulated like any product/technology that is a potential risk to the public [Tweet]. Twitter. https://x.com/elonmusk/status/1828205685386936567?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1828205685386936567%7Ctwgr%5Eb0d709a708c02735de6f79bae39d6c06261b27d9%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.businessinsider.nl%2Felon-musk-says-hes-backing-californias-controversial-ai-bill%2F

Tan, K. W. K. (2024, 27 augustus). Elon Musk says he’s backing California’s controversial AI bill. Business Insider Nederland. https://www.businessinsider.nl/elon-musk-says-hes-backing-californias-controversial-ai-bill/

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How the EU’s recent USB-C standardisation regulation impacts Apple

13

October

2022

5/5 (2)

On October 4, 2022, The European Parliament voted in an overwhelming majority in favour of forcing USB-C as the universal charging port across a broad range of consumer electronics, including Apple’s iPhone which still uses its own Lightning connector technology apart from other smartphones. According to the European Union, the legislation is part of the wider European Union’s efforts to make products within the EU more environmentally friendly, to reduce electronics waste, and to simplify consumers lives (Guarascio, 2022).

By 2024, all devices covered by the legislation and sold in the 27 European countries will be required to use the universal USB-C port to enable charging over a cable. Under the new rules, manufacturers will be forced to include USB-C ports in all smartphones, laptops, tablets, headphones, and other electronics. The charging speeds are also being harmonised for devices with faster charging capabilities, which would enable users to charge their devices with the same speeds using any compatible charger (Guarascio, 2022).

Apple and USB-C

Currently, only the newer generation Apple MacBooks (2015 or newer), iMacs (2016 or newer), and iPad Pros and Airs (2018 or newer) have USB-C ports. Other Apple products, such as the AirPods, Apple Watch, and Mac accessories like the Magic Mouse and Magic Keyboard do not have a USB-C port and still rely on the Lightning connector. The new EU regulation will require newer generations of these products to be changed as well.

Prediction

While the EU’s new laws would apply only in European countries, the latest changes would only force Apple to move towards USB-C worldwide, as it would be illogical for Apple to solely sell iPhones with a USB-C connector in Europe. However, many analysts think that Apple will temporarily switch to USB-C in its iPhone line-up for one year before going all wireless, and thus, ditch the wired charging connector at all (Gurman, 2022). This would be a risky and crucial decision, since quite some electronic devices still require a wired connection to phones to transfer data, such as many basic car infotainment systems which only support a wired version of Apple CarPlay and/or Android Auto.

References

Guarascio, F., 2022. Apple forced to change charger in Europe as EU approves overhaul. [online] Reuters. Available at: <https://www.reuters.com/technology/eu-parliament-adopts-rules-common-charger-electronic-devices-2022-10-04/> [Accessed 12 October 2022].

Gurman, M., 2022. Apple’s Move to USB-C Is Just a Stopgap Before Its Wireless Future. [online] Bloomberg. Available at: <https://www.bloomberg.com/news/newsletters/2022-10-09/will-the-iphone-15-get-usb-c-port-will-apple-aapl-release-a-wireless-iphone-l91edtxt>

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Does Uber have a future?

30

September

2019

5/5 (1)

Uber has updated its app in a way that CEO Khosrowshahi has branded as the beginning of Uber’s step to becoming the ‘Amazon of transportation’ (Hawkins, 2019). The app includes new elements such as Bike lane alert, Improved Real-Time ID check and Verify your ride (Vasile, 2019). Besides new safety features, the app will now integrate UberEATS so riding and ordering can be done in one app, under the same Uber umbrella. More about the safety features later, first let’s take a look at why the company decided to also integrate public transit information into its app and why it believes that this will be useful since we already have an app for this (Google Maps, anyone?).

Uber is trying to expand from simply being an app to becoming a true platform business, targeting city life and transportation. As Khosrowshahi put it: “We want Uber to be the operating system for your everyday life” (Nuttall, 2019), meaning that it is attempting to build a complete experience for their consumers and aims to become a city life partner on all fronts: food, ride-hauling and even public transit. In a recent interview with The Verge’s reporter Andrew Hawkins, Uber’s CEO revealed the company’s ambitions in providing a platform that not only provides information but allows you to take action, advancing previous CEO Kalanick’s goal to brokerage all human movement in cities (Hawkins, 2019). However, what makes the Uber app more special than for example Google Maps or Citymapper? Khosrowshahi demonstrates the app and explains how it will be a comparable experience but provide all services in one place and allows customers to take action in the application, increasing app engagement which will provide more business (read: data) down the road (Hawkins, 2019). The choice to integrate public transit information, and eventually ticketing, into the app was not motivated by money: Khosrowshahi simply explains that it hopes to complement transit, offer Uber users all options and therefore cater to the individual user’s needs, whether that be timeliness or budget. Khosrowshahi says the company aims for profitability in the long run, achieved by creating “the right solutions for consumers, even if it’s not making them money” (Hawkins, 2019).

The decision to incorporate transit information is not entirely random, as Uber, Lyft and other ride-hailing apps have been proven responsible for declining rates of public transit usage; both rail and bus ridership falling by 1-2% after the entrance of a ride-hailing app into the market (Graehler et al., 2019). As clarified by the CEO, Uber wants to complement transit, beside the fact that it has competition anyways, it merely wants to provide its users with all options, not compete or draw customers away from public transit. Uber released its beta version where users can see transit schedules, directions and some ticketing options in a few cities like San Francisco, Mexico City and Paris on September 27th (Hawkins, 2019).

Some other features in the app were included to improve the privacy and safety of both riders and drivers. The most important feature being Verify Your Ride, which uses a four-digit pin code that needs to be verbally communicated to drivers, to ensure riders meet their paired drivers and do not take the wrong car (Vasile, 2019). Other features encompass a 911-alert function through the app, as well as Bike lane alert that notifies riders when they get dropped off near bike lanes to prevent ‘dooring’ bicyclers. Lastly, the company incorporated a better Real-Time ID Check to guarantee Uber drivers match the account in the company’ systems. All these features are implemented to increase safety surrounding Uber after significant security-related issues in the past.

This update sounds good, but these new features also sound like they should have been incorporated all along and are targeted at relieving the pressure the company has faced around privacy and safety issues in the past, think Grey Ball and God View (Hawkins, 2019). The company has improved its firewalls and introduced a Report Safety Incident function that allows riders to report concerns during their trip (instead of only after), to regain riders’ trust and prevent future reports of kidnappings, sexual assaults and sometimes even deaths that have occurred in the past (Silicon Canals, 2019).

Uber has not only struggled with safeguarding its users but also has reported billions in losses over the past years and is of yet unable to turn its business profitable. With a $3 billion operating loss and an accumulated deficit of almost $8 billion in 2018, the company could be in serious trouble now that its earnings are being monitored as it has issued its IPO earlier this year (Poletti, 2019). Since the innovative self-driving cars will most likely not arrive soon enough to save Uber business model, their unprofitable business model will probably result in price hikes for rides to cover costs and improve profitability, but will riders accept these higher prices or simply revert to one of the many alternatives (public transit, Lyft, grab etc.). Further, major investors’ lockup periods are about to end in early November, which might have disastrous consequences for the company’s stock. The financial and security matters are enough to get investors worried, yet Uber also faces legislative and environmental challenges. A few examples are the AB5 California bill undermining its current business model by enforcing drivers to be recognised as employees that receive benefits, democratic candidates placing blame on Uber and Lyft for increased congestion problems, and prolonged efforts to retain its operating licenses in European cities like London (Hawkins, 2019).

This leaves the question if Uber will survive the existential crises it is currently strung up in. Despite Uber’s positive claims that it expects to be around in the future, it will first need to survive the present. With many global and local challengers like autonomous driving, Grab, Lyft or Bolt (Silicon Canals, 2019), competition has arrived and a simple app update will not solve the bigger existential threats that are attacking Uber from all fronts: legislative, financial and environmental. Do you think Uber will crawl its way to the top and become the urban city life-app it desires to be, or will it fall from grace and be forced out of business by financial and legal difficulties?

Leave your thoughts and comments below!

References

Graehler, M., Mucci, A., & Erhardt, G. D. (2019). Understanding the Recent Transit Ridership Decline in Major US Cities: Service Cuts or Emerging Modes?. In Transportation Research Board 98th Annual Meeting, Washington, DC, January.

Hawkins, A. J. (2019). Exclusive: INSIDE UBER’S PLAN TO TAKE OVER CITY LIFE WITH CEO DARA KHOSROWSHAHI. [online] The Verge.  Available at: https://www.theverge.com/2019/9/26/20885185/uber-ceo-dara-khosrowshahi-interview-exclusive [Accessed 30 September 2019).

Nuttall, C. (2019). All hail Uber’s everything app. [online] Financial Times. Available at: https://www.ft.com/content/85e5b38e-e149-11e9-9743-db5a370481bc [Accessed 30 September 2019].

Poletti, T. (2019). Opinion: Uber and Lyft IPOs mean the cheap rides are coming to an end. [online] MarketWatch. Available at: https://www.marketwatch.com/story/uber-and-lyft-ipos-mean-the-cheap-rides-are-coming-to-an-end-2019-05-09 [Accessed 30 September 2019].

Silicon Canals (2019). Uber to focus on rider’s safety with new features, but here are 7 alternatives if you’re in London. [online] Silicon Canals. Available at: https://siliconcanals.com/news/startups/uber-focus-on-riders-safety-new-features/ [Accessed 30 September 2019].

Vasile, C. (2019). Uber launches new mobile app, adds important new features. [online] phoneArena.com. Available at: https://www.phonearena.com/news/Uber-new-mobile-app-new-features_id119278 [Accessed 30 September 2019].

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The end of AirBnB?

22

October

2016

5/5 (4) The founders of AirBnB have been in a nice and educational rollercoaster: starting with an air mattress in the living room to an international platform with accommodation in 34,000 cities in 191 countries.

Their strategy was different from that of other disruptive organizations. Where a company like Uber heartlessly attacked the taxi market from day one, for example totally ignoring the current market and its employees, AirBnB chose a seemingly social way. To the outside world in recent years it seems to be a great success story that sounds like a optimistic entrepreneurs lecture.

But AirBnB is in trouble. The representatives of the State of New York filed a law that threatens the business model of AirBnb in New York. In the end of next week, Governor Cuomo decides whether to sign or veto the law. In 2010, New York passed a law which prohibits leasing apartment complexes in Manhattan for a period shorter than 30 days. But this is the core activity of Airbnb. The law is therefore not met. Therefore they have proposed an even stricter law: who rents his apartment through Airbnb for short term, will be fined with $ 7,500.

The big success of AirBnB, seems to destroy the company and forces AirBnB to make choices. Most important: short-term exponential growth or long-term sustainable existence. Growth is a conscious choice, but city authorities are not entirely happy with that growth. On the one hand they appreciate the new flow of tourists, but on the other hand they are responsible for defending the interests of the city and its inhabitants.

I think it is really important to think about the interests of the citizens, but cities need to give new developments like AirBnB a place in the current policy. For example policy about the affordability of houses, the occurrence of inconvenience and to make sure the business is fair. Because this kind of companies are the future.

The municipality of Amsterdam conceived as examples three very simple rules: 1. Do not exceed sixty days per year; 2. No more than four people at a time; 3. Not in social housing. Is this verifiable and will new regulations focused on disruptive companies safe AirBnB?

Interesting is to look at the website InsideAirBnB.com, which creates maps of the data from AirBnB.
When we take a look of the map of Amsterdam (sorry it’s my hometown and the site doesn’t contain a map of Rotterdam) we see that a solution for this conflict of interests is needed!

 

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http://insideairbnb.com/amsterdam/

https://www.nrc.nl/nieuws/2016/10/20/new-york-bindt-strijd-aan-met-airbnb-4914291-a1527622https://
www.nrc.nl/nieuws/2016/08/29/airbnb-moet-zelf-de-regels-handhaven-4048140-a1518490https://
www.nrc.nl/nieuws/2016/10/20/new-york-vs-airbnb-strijd-om-toekomst-van-verhuursite-4902724-a1527496

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