California: No AI policy, no problem

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Assembly Bill 459 has been proposed in California, which aims to regulate the use of “digital replicas” created using AI. The bill would impose special provisions and restrictions on the use of digital replicas if a company wants to create a replica of an employee. It would also invalidate existing contracts if the employee was not represented by a lawyer or union representative during the negotiation. Critics argue that the bill is impractical and unconstitutional, and would hinder the legitimate use of AI technology while failing to address actual harms associated with it.

California’s proposed Assembly Bill 459, which seeks to regulate the use of “digital replicas” created using artificial intelligence (AI), has faced criticism for its potential impact on individual freedom and the legitimate use of AI technology. The bill would impose government restrictions and requirements on the use of digital replicas, including a retroactive clause that would invalidate existing contracts if an employee did not have legal representation during negotiation. Critics argue that this requirement is an unconstitutional and unnecessary overreach that compromises individual liberty. They also point out that the bill fails to address the potential harms associated with the misuse of AI technology, such as the creation and distribution of non-consensual deepfake pornography. Furthermore, opponents of the bill argue that its terms and definitions are poorly defined and vague, making it difficult for businesses to comply. They suggest that the issue of AI regulation should be addressed at the federal level and that more deliberative action should be taken before implementing state-level regulations.

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