[HN Gopher] Colorado has a first-in-the-nation law for AI - but ...
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       Colorado has a first-in-the-nation law for AI - but what will it
       do?
        
       Author : mooreds
       Score  : 32 points
       Date   : 2024-06-24 12:16 UTC (10 hours ago)
        
 (HTM) web link (www.cpr.org)
 (TXT) w3m dump (www.cpr.org)
        
       | geodel wrote:
       | For starters, catch the violators and fine them.
        
       | flaque wrote:
       | > Whether (people) get insurance, or what the rate for their
       | insurance is, or legal decisions or employment decisions, whether
       | you get fired or hired, could be up to an AI algorithm
       | 
       | This is a bit like trying to regulate horseshoes while everyone
       | else is talking about speed limits & seat belts. Both parties say
       | the word "carriage" and "passenger", but they have completely
       | different ideas in their heads about what is about to happen.
        
       | ForHackernews wrote:
       | Same thing the Colorado law that required employers to include
       | salaries in job ads did: exclude Colorado residents.
        
         | dghlsakjg wrote:
         | How are Colorado banks, landlords, and employers going to
         | exclude their customers and employees?
         | 
         | Right now the law just asks for disclosure and sets up a human
         | appeal process for AI based decisions.
        
           | jmclnx wrote:
           | Yes, for local small business jobs you are correct. But these
           | laws could cause large multinationals to leave Colorado.
           | 
           | Plus, in reality, banks really do not "need" tellers since
           | most people get direct deposit, use debit/credit cards and
           | phones for transactions. So large banks could leave too. I
           | remember reading somewhere banks do not really like saving
           | accounts since most people keep a small balance in them.
           | 
           | With that said, I wish the laws Colorado has for AI and
           | salaries could be nation wide.
        
         | mattwad wrote:
         | You have to start somewhere. There's now 13 states that require
         | pay transparency, and more that are considering it.
         | https://www.govdocs.com/pay-transparency-laws/
        
         | soared wrote:
         | I've never seen a job excluding Colorado residents, and I live
         | in Denver and search for jobs.
         | 
         | Employers just ignore it for remote work, or put a really big
         | range. Big ranges are still useful since it's always enough to
         | make a decision on whether to apply or not.
        
           | lelandfe wrote:
           | I did see Colorado excluded, and even worked for a (Not Good)
           | company that did it. I haven't seen any examples this year,
           | however, likely because California and New York followed
           | suit.
        
           | Jtsummers wrote:
           | When it first went into effect there were remote job listings
           | that suddenly added exclusions for Coloradans. Also listings
           | that were removed and re-added but with the exclusion added.
           | My wife was in the middle of getting interviewed by Oracle
           | when the law came into effect (she was on the last of several
           | rounds of interviews), they dropped her and the listing and
           | reposted it the next week barring people from Colorado from
           | applying.
           | 
           | I haven't seen this in a while, though.
        
         | throwaway48476 wrote:
         | The ads I've seen now exclude multiple states. At some point it
         | just gets silly.
        
       | yuliyp wrote:
       | So this actually sounds like a realistic approach at managing the
       | dangers of AI. It ensures that people have some sort of recourse
       | against algorithms deciding to make their life miserable. This
       | feels like an extension of similar approaches used in credit:
       | credit rating agencies have to allow you to look at the data
       | used, and are required to have flows for people to challenge the
       | data there that may be harming them.
       | 
       | Certainly it's a very different approach from people trying to
       | mandate that AIs must be designed in ways so that they can't be
       | used for bad stuff (which to me feels like a fundamentally broken
       | approach).
        
       | tensor wrote:
       | It's unfortunate that these laws focus on AI. Why isn't it
       | illegal to use traditional algorithms that have bias? Why aren't
       | there regulations ensuring bias testing when humans themselves
       | make decisions?
       | 
       | In all cases the bias originates from human behaviour. The one
       | advantage of AI being used is that now that bias is surfaced. But
       | it's always been there, which is why the machine learning
       | algorithms learn it. It's just that no one typically looks at the
       | data in aggregate prior to AI.
       | 
       | In any case, these rules should not be scoped to AI in my
       | opinion. They should include algorithms and also require bias
       | testing for teams of humans making decisions. If anything, I'd
       | trust an AI system that has been analyzed for bias over a human
       | making a decision.]
        
         | carbocation wrote:
         | The behavior should be the start and the end of the regulation.
         | No need to specify AI, algorithms, etc, at all.
        
         | doe_eyes wrote:
         | > In all cases the bias originates from human behaviour. The
         | one advantage of AI being used is that now that bias is
         | surfaced.
         | 
         | I think that's an odd way to look at it. The bias originates
         | from the training data, which was what - idle conversations on
         | Reddit and other similar content pilfered on the internet? The
         | bias is doing _some_ harm in places like that, but we 're now
         | using that to make real decisions. That's... worse.
        
           | walt_grata wrote:
           | I think the point is that bias happens in all human behavior,
           | but with AI it's more visible than in the general population.
           | Which I'd say is a positive, but I don't believe if it
           | offsets the downsides.
        
             | doe_eyes wrote:
             | But that's not a given. We conduct ourselves differently at
             | work and in private life. Further, workplace processes are
             | often designed to minimize bias. And here, we have a system
             | that is trained on content that's two rungs above 4chan,
             | and then coerced not to say racist things via RLHF. I don't
             | think it's comparable at all.
        
           | tensor wrote:
           | No, typically these sorts of models would not be trained on
           | reddit, they would be trained on historical data that
           | insurance companies and lending companies have. For example,
           | a famous case is where they used AI to help decide if people
           | will reoffend [1]. The bias here was already embedded in
           | prior historical data. E.g. there is a level of systemic
           | racism or bias built-in to the entire prison system.
           | 
           | While HN is obsessed with LLMs, AI regulation targets more
           | than just those systems. And yes, AI and machine learning
           | were pervasive and used in a variety of useful settings long
           | before these toy chat systems came about.
           | 
           | Insurance and lending companies already have complex
           | algorithms and formula they use to determine risk scores.
           | Adding components of these systems that are learned from data
           | shouldn't change the overall oversight mechanisms required of
           | them in my opinion.
           | 
           | [1] https://www.technologyreview.com/2019/01/21/137783/algori
           | thm...
        
             | doe_eyes wrote:
             | People are obsessed with LLMs because they can be applied
             | to unstructured data and produce human-like outputs, so
             | they are applicable to vastly more processes with vastly
             | less oversight.
             | 
             | The kinds of "AI" you're describing have been with us for
             | decades, but LLMs and their ilk are a more consequential
             | development. And if we're passing laws today, that's what
             | they will be regulating for the most part.
        
               | tensor wrote:
               | Which is what I'm say is wrong. If the oversight on
               | insurance and other companies is lacking, it needs to be
               | improved across the board not just with lip service to
               | the popular technology of the day. The bias inherent is
               | the exist risk scoring systems is absolutely equally if
               | not more consequential than LLMs.
               | 
               | Most of these regulations can replace "AI" with
               | "technology, mathematical model, or human processes" and
               | they will be 1000x better laws.
        
         | ethbr1 wrote:
         | > _Why isn 't it illegal to use traditional algorithms that
         | have bias? Why aren't there regulations ensuring bias testing
         | when humans themselves make decisions?_
         | 
         | It is and there are, but rule-based systems and humans have
         | traditionally been more limited.
         | 
         | You'd better bet that health insurers continually get audited
         | in terms of claim pay rates and correctness.
         | 
         | The major difference is that AI systems can be pre-audited at
         | minimal cost. In contrast, human auditing traditionally
         | consumes billable processing time and so is done post-hoc on
         | production results.
         | 
         | Honestly, I'm excited about these types of regulations. I think
         | systems with more transparency, testability, and accountability
         | are going to be better for society as a whole.
         | 
         | If it took "cost savings" + "scary AI" to get us there
         | (digitization/automation and proactive outcome auditing
         | respectively), that is what it is.
        
       | w-ll wrote:
       | I thought Tennessee was first due to their massive music
       | industry.
       | 
       | https://www.npr.org/2024/03/22/1240114159/tennessee-protect-...
        
       | jqpabc123 wrote:
       | People make bad decisions too --- but they rarely do so alone.
       | Try hiring someone in an established company without multiple
       | levels of review.
       | 
       | The problem with AI is that we know these models are flawed but
       | they are being implemented anyway in an effort to save money.
       | 
       | If you have to manually review all AI results, the cost savings
       | start to evaporate. Particularly if it leads to lawsuits.
       | 
       | Imagine trying to explain in court how/why AI decided to fire
       | someone.
       | 
       | The real culprit here is greed.
        
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