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Speaker 1: And we are back with another edition of the Federalist

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Radio Hour. I'm Matt Kittle, senior Elections correspondent at the

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Federalist and your experience Shirpa on today's quest for Knowledge.

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As always, you can email the show at radio at

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the Federalist dot com, follow us on x at FDR LST,

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make sure to subscribe wherever you download your podcast, and

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of course to the premium version of our website as well.

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Our guest today is Taylor Barkley, Director of public Policy

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for the Abundance Institute. Taylor joins us to talk about

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artificial intelligence in US elections, particular the regulation of AIS.

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Some truly remarkable times these with some very concerning legislation

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for defenders of the First Amendment and free speech. Taylor,

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thank you so much for joining us today on this

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episode of the Federalist Radio Hour.

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Speaker 2: It's great to be here. Matt, thanks so much for

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having me on.

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Speaker 1: Well, it looks like Congress won't be passing any legislation

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on this front before election day. I mean by that

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artificial intelligence regulation as it relates to elections. You note

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that Congressional inaction is quite okay and a relief because

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many of these bills pose significant free speech issues.

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Speaker 2: I want to get.

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Speaker 1: Into the bills before Congress now, but I think the

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vote pressing issue at this point is what happened in California.

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My colleague Tristan Justice writes at the Federal List. California's

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far left governor celebrated Constitution Day with a series of

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new laws to quote cracked down on free speech articulated

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via artificially generated content. On Tuesday, the California Democrat governor

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officially outlawed the creation and distribution of images or videos

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created with artificial intelligence known as deep fakes. Let's begin there.

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What does this new law do and how will this

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impact the election and ultimately free speech?

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Speaker 2: These are all great questions, and I think my top

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line here takeaway is that AI and election policies are

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problems in search of problems. As you mentioned, and I'm

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glad you kine Of wrote that article, every level of

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government is looking at this issue. There's an SCC proceeding

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right now regulating they would seek to regulate AI and

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political advertisements. The deadline to submit comments, actually unpreceding is today.

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If any member of the public can submit a comment

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on these proposed regulations. Congress is proceeding and is unlikely

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to pass anything. And then in the states, there's been

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there have been numerous laws passed, and I think I

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counted twenty different states have passed different laws, as you mentioned,

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yet California was the most recent. I'll also add on

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you know, one of the reasons Governor Newsom was so

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eager to sign these bills into law was because he

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noticed a parody Kamala Harris video in the summer, and

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it was famous for you know, quote tweeting it and saying,

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I'm eager to sign legislation that would prevent this kind

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of thing. Turns out he did, and then those bills.

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He signed those bills into law. I think it was yesterday.

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The creator of that parody of video sued the government

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of California for First and fourteenth Amendment violations because, as

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you mentioned, there are just tremendous free speech implications here

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for a number of reasons. I mean, you know, first

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of all, you know, it's the constitution permits uh, you know,

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say fake fake speech, maybe not outright fraud, but in

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some cases just has to be narrowly tailored. But you know,

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we can say, uh, you know, fanciful things about even

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real people in history. Uh, there's the Constitution protects such speech.

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And a lot of these laws, including the three Bills

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of the Governor's signed in California, are are written in

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such a way that could just open the floodgates for

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privolous litigation on say, you know there's a upstart candidate

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who you know, uses AI generated content to do just

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very like normal things, say make campaign posters, or even

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doesn't use AI to generate images or content. And the

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incumb Uh, the incumbent candidate could well well funded, connected

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to the right people, could sue this this challenger or

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just to tie them up, you have them spend more

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money than they should and you know, either you know,

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tank their likelihood of getting elected because they're busy chasing

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down these frivolous lawsuits or not speaking as much as

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they would otherwise because out of fear of maybe getting

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these kind of potentially game ending lawsuits filed against them.

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Speaker 1: The chilling of speech. You know, that is a big

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part list as well. Again, as my colleague get the

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Federalist Tristan Justice wrote newsome as you noted, sign two

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other pieces of legislation requiring campaigns and social media platforms

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to disclose whether their content was created with artificial intelligence.

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And this is what you were getting into before. And

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I think this is hilarious. For everybody will have a

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different view about the content, but I thought that. I

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thought the AI ad with Kamala Harris is absolutely hilarious

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and quite frankly, I knew it was a joke.

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Speaker 2: Yeah, but.

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Speaker 1: Most most people get sarcasm, they get parody, you know,

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they get you know, they know what weird Al Yankovic

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has done the popular music over the years. For the

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look I got, most people get satire, and that's exactly

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what it was. But you know, for us of a

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certain philosophical, political, philosophical point of view, that stuff seemed

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to ring true in any ways about Kamala Harris and

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where she is at with her policies. But I got

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first and foremost the fact that it was a satire

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and b that it was you know, protected speech but

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no longer in California. So elon Musk comes out. I

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remember that a lot of this stuff, isn't it driven

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by Musk? Actually, you know, pushing this out there, this

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this artificial intelligence ad out there and making all of

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these threats. Now he's come through on those well. In July,

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Musk announced that he would relocate his headquarters for two

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of his companies from California to Texas because you know,

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he was being basically with these bills targeted for free speech.

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He said, it's hard to be a free speech platform

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in a state that wants to ban free speech. Isn't

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that where we're at right now? With these new laws

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in place?

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Speaker 2: That seems to be the case. And you know when

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I said this is, you know, these policies and these

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these laws are problems in search of problems. I'm going

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to get the second problem, and this issue of AI

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and elections is not really the prognostications and dire predictions

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have not come to be. They have not they have

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not proven true. And at the Abundance Institute, my team

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and I we've been tracking every single media mentioned using

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AI machine learning tools, every single media mention of say

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US election, AI, Biden, Trump, Harris, you know a number

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of keywords and your listeners can actually access the full

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database at AI Election Observatory dot com. And we have

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some of our writeups and summarizing our findings in multi

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part series that we've been doing over the course of

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the year at our substack now and next dot substack.

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Speaker 1: Yeah, it's a great cury, it really is. This is

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the third in the fourth it's a four part series,

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I believe. I think this is the third installment, correct.

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Speaker 2: That's correct. Yeah, And I will have the fourth I

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believe around October sixth which will be around thirty that

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will be thirty days until the November fifth election, and

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we'll have an after election kind of analysis. And we've

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been writing these as just you know, whatever happens, we

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want to log it because since I've been writing about

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this issue of you know, deep fakes and you know

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truths and elections a bit always come into it since

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about twenty nineteen, and you know every election since then

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has been you know, the last kind of human election

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twenty twenty two, twenty twenty four. And you know, we

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did these this tracker just to have the receipts. So

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what has actually happened. And you know, we're in our

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comment which we're filing in this FCC proceeding, we we

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we say we have thirty five thousand media mentions about

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AI and US election instances, but only four actual instances

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of political campaigns using AI generated content. And you know,

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even the most famous, arguably the most effective perhaps example

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of AI generated content the Biden robocall in New Hampshire

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earlier this year, where he robot Biden apparently call called

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a number of a few thousand residents in New Hampshire

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telling them to not turn up at the polls during

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the primary, and according to testimony from the New Hampshire

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Elections commissioner, it was the highest turnout ever. And this

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robocall ended up being driven by a political activist who

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lived out of state and wanted to make a point

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and is now being fined six million dollars by the

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Federal Communications Commission. But even that, right, it was you know,

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supposedly of the more effective means and method didn't impact.

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There was no discernible effect. Voters still turned out to vote.

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And we see that time and time again, and I

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think there's this overestimation and how easy it is to

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deceive people. In many cases, the bottleneck is often on

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distribution of this material. And you know, you mentioned Elon

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Musk sharing the Kamala Harris parity video, and I think

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that's an interesting example where you know, maybe if Musk

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given his platform the attention he receives from politicians like

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Gavin Newsom. Maybe this Kamala Harris parity video wouldn't have

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gotten the attention it did, but you know, you you

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shared it, You've got a lot of attention. That's where

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we see this. I think the other problem with these

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policies come in we have the lawmakers all over the

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nation at all levels thing, you know, we have to

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do something, and that's that's where so many of these

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concerns about free speech come in. You know, a lot

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of these like the bills in California requiring platforms to

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label content. So now you have to now the owner

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onus is on a platform to look through every single picture,

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audio file, video to make a determination within you know,

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a reasonable amount of time whether it's AI generated or

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was it not, and then label it. And of course

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this is just California and not a nationwide law, so

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there's incredible compliance burdens there. There's also just potential to

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muddy the waters, like if everything, if things are over labeled,

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then maybe that can create its own kind of falsehoods

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and issues, and you know, we could see you know,

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speech slowed down, It could take longer for things to

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get posted, frivolous lawsuits will fly because you know who

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doesn't like suing the big tech companies for whatever reason

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on whatever side. And we just go on down the list, Matt,

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of all the all the troubling issues with these bills.

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And but you know, I really want to hammer home

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for your listeners. You know the dominant narrative out there

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that AI generated generative AI is going to ruin democracy,

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the death of democracy. That story is not proving true.

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And it's you know, traditional methods are still out there

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of missing disinformation, and politicians are way overreacting and in

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most ninety nine percent of the cases that I've.

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Speaker 3: Seen, we have a huge hole in our nation's roof.

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The Watched Out on Wall Street podcast with Chris Markowski

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every day Chris helps unpack the connection between politics and

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the economy and how it affects your wallet. There should

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be only one priority for our lawmakers. America is spending

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three eight billion dollars a day in paying off our

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own interest. You only need to be voting for candidates

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who can address this problem. Whether it's happening in DC

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or down on Wall Street, it's affecting you financially. Be informed,

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check out the Watchdowt on Wall Street podcast with Chris

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Markowski on Apple, Spotify or wherever you get your podcasts.

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Speaker 1: That's what they do in ninety nine percent of the cases,

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no matter what. So we can we can apply that

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to just about anything. And isn't that that is the case?

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I mean, the fire of AI over the last couple

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of years in this country, particularly over the last six months,

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has been, oh my gosh, we've got to do something,

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We've got to do something. That's exactly what Gavin Newsom

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is doing. I do believe. Of course, there are you know,

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there are leftist agenda items within his conduct and his

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movements on this front as well. But you know, that's

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basically the case across the country. We have politicians, we

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have policymakers, we have bureaucrats trying to do something, once again,

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to regulate something, and that's a very dangerous place to be. Now.

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Having said all of that, I will tell you this,

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I'm not real thrilled about the technology. But then again,

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I'm an old journalist. You know, I didn't start off

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with a typewriter, certainly, but you know, I started out

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when you couldn't go to the internet al Gore hadn't

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invented it yet, and so you couldn't go to the

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Internet to just basically get the information. It was a

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skill to be a reporter. Now some of that is deteriorating,

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and it's the impact it will have elsewhere, I think

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is clearly it will be substantial. But you know what

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I do like is I like the First Amendment, Love

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the First Amendment, Love free speech. And I just see

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this whole movement going on, the putting the fire out

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of AI as yet another assault, the latest in a

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multifront assault on the First Amendment, and it is coming

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from the people who are supposed to be the defenders

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of the First Amendment. In the Federalist story that I

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had just mentioned, the AP has actually applauded the California

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blueprint for killing free speech. As noted in the piece,

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the new laws reaffirm California's position as a leader in

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regulating AI in the US, especially in combating election deep fakes.

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The AP reported the state was the first in the

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US to ban manipulated videos and pictures related to elections

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in twenty nineteen. Measures in technology and AI proposed by

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California lawmakers have been used as as blueprints for legislators

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across the country. Industry experts said, and again, this is

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the AP reporting what is happening out there. But it

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seems to me that there are a lot of folks

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in journalism, particularly corporate journalism, that are leading this story

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as well. Are you tracking that?

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Speaker 2: That does make sense? You know, it's a typical pattern

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with emerging technologies. You know, emerging technologies often have the

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effect of challenging incumbent power or entrenched interests, whatever they

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might be. You know, the printing press did this, Digital

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computing has done this. You know, you think about your

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automobiles up ending the buggy making, the buggy whip industry,

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on on and on we could go, and you know,

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there's this push and pull between industries and individuals who

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have done things maybe one way, have certainly made their

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livelihoods doing things another way, and then the maybe individuals

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and companies that have new technology. So using the generative

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AI as an example, I think it makes absolute sense.

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You know that the AP would be for this because

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you know what generative AI does is I believe and

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I've seen it happen, you know, in my own life

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and with others. It's democratized creative writing. It's democratized graphic

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design in so many ways. I used Generative Google's new

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notebook LM today to summarize a long paper I didn't

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have time to read, and it actually converted it into

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a podcast style interview between between two AI voices, and

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it was a really helpful way to learn quickly about

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this this paper that I didn't have time to sit

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down and read. And we're seeing that that seems creepy

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to me, but trying it out, yeah, it was pretty fun.

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And yeah, but you know, there's room for everyone here, Matt, Like,

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if you don't want to use it, that's fine, No, no, no.

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Speaker 1: And don't And please don't get me wrong, just because

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I'm creeped out by some of it doesn't mean as

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a first of all, a free market capitalist, I'm I'm

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here to stop the next wave of technology, the next

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wave of innovation, and I certainly am not here to

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stop the expression of of thought in this country. I

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think we're in a dangerous place. Just because you know,

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something creeps me out doesn't mean that I'm I'm here

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to you know, push the administrative state to stop all

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of this and to force you know, burden some regulations.

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You know, I am I am burdened by what has

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been to borrow a phrase from the Democrat presidential candidate,

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I am burdened, and we all are burdened by what

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has been in terms of regulation in this country. But

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you know that that's what I'm seeing through through all

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of this is this massive panic, this massive scare, and

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what you are ultimately saying is even if you don't

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care for the technology, the evidence doesn't support the knee

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jerk reaction to it.

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Speaker 2: That's correct, That's correct, because I think a lot of

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this is motivated by these hypothetical scenarios. And that's like

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we're even reading this FCC proposed rule, and they're their motivation.

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It's it's hypothetical harms of and the Governor of California

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even in his statement it's and the members of the

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Assembly who supported these these bills. It's well, someday someone

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will make a video of X Y politicians saying, you know,

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such and such a thing, and that's going to be

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the end of the world, or you know, cause some

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sort of harm. And we had plenty of opportunities over

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the last decade. I'll say, even just since twenty seventeen

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for manipulated you know, AI generated content that's convincing enough

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to cause harm. I think, you know, a key factor

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of you know, even miss It will say, you know, disinformation.

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This is someone you know who's creating information to to

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sow you know, confusion or or cause harm. You know,

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Donald Trump was perhaps maybe the best person because he

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was so unpredictable. You know, we never know what he's

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going to say next, and I think that is a

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critical ingredient for disinformation. But no one, there was no instance.

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I mean, people did create fake content with Donald Trump,

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but nothing rose to the level of these these hypothetical

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doom and gloom scenarios where say, you know, we went

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to war with another country, or you know, half the

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population decided not to go vote because they heard the

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president say that the polls were closed or something like that.

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That has not happened. It's really really hard to do

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at that scale. Even though you know, yes, generative AI

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has democratized kind of you know, top tier level graphic design,

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video editing content, and it will only get better from here, Matt,

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I think that that always goes into this prognostication it

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will only get better from here, even with you know,

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nation states who are well funded, well motivated, have the outreach.

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There's nothing been, nothing has risen to this, this doom

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and gloom level, and so it's discouraging to see policy

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makers reacting and crafting policy which should never be done.

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It should never be done from hypotheticals In most cases,

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I'll say most cases, it should never be just based

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purely and hypotheticals. Policy making should always be based in

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the evidence. What has happened, what is the actual harm

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a is trying to be prevented here, and what is

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the best way to actually prevent that harm? In many

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in most instances public policy, it's one tool in the toolbox.

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I think that's one of my bugaboos. We have this

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kneejerk reaction to say, oh, there's a problem in the world,

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will we got to pass a law when you know,

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I wrote this article for this new organization, the Center

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for News, Technology and Innovation, based on this research is

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tracking we've been doing or this article. You know, the

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instances we've seen institutions, civil society journalists included have done

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a good job about filtering out, you know, back from

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fiction you will take. I think it was Ron DeSantis

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campaign affiliated affiliate created what appeared to be some generative

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AI images of I think Trump hung hugging Fauci, and

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you know, journalists, uh, news sites sprung into action, fact

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checking orgs sprung into action, citizens sprung into action, community

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notes on X sprung into action, and it was you know,

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everyone got involved and said, well, here's what actually happened,

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and they provided the information to the public. Hey, just

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an fyi, some of these appear AI generated, and that's

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exactly what should be happening here. It shouldn't be bands,

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it shouldn't be requirements and labeling. And you know, maybe,

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you know, if you want to take it that we

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can talk about just the issues of defining AI and

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all the problems that creates. But you know, I think

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that the machine is working, by my estimate, and we

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need to trust people. We can trust people on so

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much of this legislation and these regulations seems to be

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motivated by this lack of trust. You know, people will

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just be bamboozled if they see something fake, when that's

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not been the case.

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Speaker 1: Our guest today is Taylor Barkley, director of public Policy

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for the Abundance Institute. Taylor joining us obviously to talk

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about artificial intelligence and the impact or perhaps lack thereof

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on election season, this critical election season. Obviously, as we

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get closer and closer to election day, What about some

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of the legislation before Congress? Again, the vast majority of it,

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as I see, is really a reaction to the fears

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that are driving around AI or being driven by people

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afraid of AI. What sort of legislation are we seeing

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in Congress today?

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Speaker 2: So, I think there are a number of bills. I

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think the leading contenders are on the Senate side, mostly

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sponsored by Senator Amy Klobuchar, and have gone through the

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Senate Rules and Administration Committee, And my colleague Neil Chilson

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actually testified and one of the hearings talking about I

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think a package of four different Senate bills to prevent

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the use of AI generated content or required disclosures of

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AI generated content and elections, And you know, his testimony

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and the others on the panel just just talked about

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you know. So there's a lot a lot of these bills.

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They I'll say, the federal bills and the state bills.

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They start with definitions. That's if you look at legislation,

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you'll notice that and that is one of the main

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problems with this legislation, whether the federal level of the

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state level, and all of it. You know, we can

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say this about the Senate bills because that's what my

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colleague talked about, and I totally with him. They define

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artificial intelligence in such a way that it wraps up

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all basically all computer software. So say one of these

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Senate bills were passed as written and there wasn't a

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narrowly defined definition of AI. And I'll just say here

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for your listeners, defining AI is incredibly hard, especially in

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a legal context. And as my colleague Neil noted in

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his testimony before Center Rules Committee, the leading textbook artificial

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Intelligence has a whole chapter devoted about the four ways

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to define AI, and even that doesn't come to a conclusion.

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So policymakers have a big job when they're trying to

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do this. But anyway, you know, broad definitions that wrap

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up all software. Again, back to the chilling free speech

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we could see now. You know, most content is labeled

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as AI generated when it's really not. Because say I

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take a picture with my iPhone and make some tweaks,

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you know, may say I'm a staffer for you, Matt,

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and you're running for office, and I take a picture

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of you giving a speech with my iPhone sixteen pro

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and I just, you know, your face is a little dark,

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so I'm just gonna hit the button brighten it. That

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could count as AI and if that goes out into

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the world, and that could have to be labeled even

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though it's just a photo. So we can get these

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real tricky areas of like where is that line between

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AI generated and just you know what we would consider

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quote a normal photo. And really there's no such thing,

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you know, think about since the introduction of photography, you know,

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editing photos pretty much happened at the very start, and

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we've been dealing with an issue of manipulated media, you know,

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throughout human history, frankly but certainly with all of the

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history of photography. And there's no real reason to single

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out generative AI as the problem or a problem here.

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And so these federal bills that Klobuchar and others are supporting,

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I think Josh Holly is a co sponsor of one

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of them, requiring disclosures on political ads that use AI.

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It's again, it's it's a problem in search of a problem.

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You know, there's there's nothing showing that jenerative AI is

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particularly harmful, and as they said earlier, I really want

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to emphasize jenerit of AI can be a boon to

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you know, political challengers, private companies, or individuals challenging the

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status quo because they do a pretty good job, much

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more cheaply than a team of graphic designers. And you know,

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we could see some political power, some corporate power, whatever

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the power might be challenged and right ways by individuals

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institutions who are the kind of the upstart because they

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have these these technologies available to them. That's why we

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have very very careful with rules like this. You go ahead.

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Speaker 1: Do you think that that's why there are politicians in

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some in some degree fighting against this because it is

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opening up the field of competition or it's balancing the

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field of competition. You don't have the kind of resources

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that a big campaign has, certainly an incumbent. You use

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this sort of stuff, you start, you know, cutting cost,

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you get your message out there a little bit more

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than you would have otherwise. Do you think it is

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a matter of the big guns trying to quiet competition.

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Speaker 2: You know, everyone's motivations are different that could be the

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case in some instances. You know, I describe you know,

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best motivations is as often as I can. I am

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seeing that on a lot of at least what these

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politicians are saying. You know that there certainly could be

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the case we should be very, very disappointing. But I

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would say many of them are motivated by just the

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I would say, the conversation. I'll just say that at

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the elite's level. You know, it's not a very seldom

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where the Atlantics, say, doesn't have an article talking about

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the death of truth or the loss of free will

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and bringing in AI generated deep fix as one of

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the causes of that. So I think it's kind of

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just the it's the diet of the media diet they're intaking,

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They're they're reading smart people are saying this is going

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to be the end of the world, and they apologies

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and want to do something about it. And you know,

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maybe a second order effect could be like, oh, well,

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this could you know, help me as the incumbent versus

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my challenger. That could certainly be a perk for some.

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But you know, I'm hesitant to describe motives when I

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learned not sure entirely positive.

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Speaker 1: I certainly understand that defining back to defining AI. Is

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it like the old court definition of pornography? You know,

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I can't I can't define it, but I know what

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when I see it? I mean that? Is that the

475
00:29:33,400 --> 00:29:35,519
argument that we're seeing out there today.

476
00:29:37,000 --> 00:29:39,279
Speaker 2: I think, you know, so we're still figuring it out, Matt.

477
00:29:39,920 --> 00:29:43,440
And so we've been talking about generative AI and political

478
00:29:43,480 --> 00:29:46,720
ad context, but you know, regulating our individual intelligence the

479
00:29:46,720 --> 00:29:51,559
same problem as there absolutely, and legislation is often pulling

480
00:29:51,599 --> 00:29:56,960
from federal spending bills like the NDAA from twenty twenty,

481
00:29:57,640 --> 00:30:01,200
and people analyze that definition of AI. There's all sorts

482
00:30:01,240 --> 00:30:03,880
of problems there. So we've yet to actually arrive at

483
00:30:03,880 --> 00:30:05,920
like what I you know, at least in my opinion,

484
00:30:06,000 --> 00:30:09,279
I think others would agree with me, a good generalized

485
00:30:09,559 --> 00:30:12,240
artificial intelligence definition. I think the way to do it

486
00:30:12,279 --> 00:30:14,480
is to to go narrow. And I think it's easier

487
00:30:14,519 --> 00:30:19,160
to define generative artificial intelligence than just artificial intelligence because

488
00:30:20,200 --> 00:30:23,079
many of the definitions I've read, even about AI would

489
00:30:23,160 --> 00:30:26,160
just you know, they'd wrap up, you know, any like

490
00:30:26,160 --> 00:30:30,279
an Excel spreadsheet, you know, a calculator, or a chess

491
00:30:30,319 --> 00:30:33,079
you know, chess playing program when that's not the intent

492
00:30:33,200 --> 00:30:35,319
of most of these bills. Like what most people and

493
00:30:35,359 --> 00:30:39,799
politicians in particular say, politician policy makers are motivated into

494
00:30:39,839 --> 00:30:43,240
action because of the release of chat GBT and twenty

495
00:30:43,279 --> 00:30:45,640
twenty two, and it's you know, it's wild to think

496
00:30:45,680 --> 00:30:47,960
it was, you know, not that long ago, but that

497
00:30:48,039 --> 00:30:51,599
generative AI system is really spread into action. A lot

498
00:30:51,640 --> 00:30:55,200
of this this energy around regulating AI, whether it be

499
00:30:55,240 --> 00:30:58,640
in the political ad sense or generally, and there's a

500
00:30:58,640 --> 00:31:00,720
long way to go. I think that's the story short

501
00:31:01,279 --> 00:31:05,599
in finding a definition that works, because defining it too

502
00:31:05,599 --> 00:31:09,759
broadly can wrap in way more software and technology than

503
00:31:09,880 --> 00:31:13,359
was intended, and as mentioned earlier, for this little litigation

504
00:31:13,440 --> 00:31:18,200
can result chilling of speech, costs to startups, you know,

505
00:31:18,279 --> 00:31:24,519
the incumbent challengers to medium and large tech companies, and

506
00:31:24,599 --> 00:31:26,200
that's not the world we want to see. We want

507
00:31:26,240 --> 00:31:30,720
to see an innovation ecosystem where anyone can start a company,

508
00:31:30,799 --> 00:31:34,079
can make money, can use these technologies for good and

509
00:31:34,400 --> 00:31:38,440
more often than now, when federal government, state government's getting

510
00:31:38,440 --> 00:31:41,200
involved and trying to you know, define and regulate, it's

511
00:31:41,359 --> 00:31:44,680
it's going overbroad instead of narrowly targeted to what is

512
00:31:44,720 --> 00:31:47,599
the harm They're actually trying to prevent prevent and going

513
00:31:47,640 --> 00:31:49,839
from there and figuring out if you know policy of

514
00:31:49,839 --> 00:31:51,599
old policy is the best solution or not.

515
00:31:54,400 --> 00:31:57,200
Speaker 4: I'm interesting Justice and I'm the Western correspondent to the Federalists.

516
00:31:57,200 --> 00:31:59,759
If you liked last month's book club episode is Myself

517
00:31:59,799 --> 00:32:02,440
and Calm is a Scary when you reviewed Kamala harris

518
00:32:02,519 --> 00:32:05,359
As twenty nineteen memoir The Truths We Hold to join

519
00:32:05,440 --> 00:32:07,799
us on October first for our discussion reviewing former House

520
00:32:07,839 --> 00:32:09,559
Speaker Nancy Pelosi's latest.

521
00:32:09,319 --> 00:32:10,599
Speaker 2: Book, The Art of Power.

522
00:32:11,039 --> 00:32:12,839
Speaker 4: Each month and I will be bringing down to the

523
00:32:12,920 --> 00:32:14,559
latest books that are merged from the top of our

524
00:32:14,599 --> 00:32:15,200
little class.

525
00:32:15,200 --> 00:32:17,519
Speaker 2: So I'd like to invite you to read along with us.

526
00:32:19,119 --> 00:32:22,480
Speaker 1: Well, let's face it, we've been dealing with artificial intelligence

527
00:32:22,720 --> 00:32:26,960
for a very long time before correct concept of digital

528
00:32:27,160 --> 00:32:28,400
artificial intelligence?

529
00:32:28,400 --> 00:32:29,920
Speaker 2: Correct? What have you? I mean?

530
00:32:30,200 --> 00:32:34,599
Speaker 1: You want to look about regulating and investigating a whole

531
00:32:34,720 --> 00:32:39,839
accountable artificial intelligence. Talk to the Central Intelligence Agency. They

532
00:32:40,240 --> 00:32:44,400
have been involved in artificial intelligence for a long time,

533
00:32:44,519 --> 00:32:49,400
as have the FBI and others. But you know that's

534
00:32:49,599 --> 00:32:52,519
that's the problem when we start getting into this deep

535
00:32:52,599 --> 00:32:56,559
fakes have been happening for a long time, and sometimes

536
00:32:56,599 --> 00:32:59,759
they're being done by our own government with our own

537
00:32:59,799 --> 00:33:03,400
tech X dollars. So we need to think about that.

538
00:33:03,440 --> 00:33:07,440
But let me ask the devil's advocate question here, what

539
00:33:07,440 --> 00:33:12,680
what would be so difficult about placing on an AD

540
00:33:13,440 --> 00:33:18,240
that this was that this AD was made with artificial

541
00:33:18,319 --> 00:33:21,960
intelligence or artificial intelligence was a component in the production

542
00:33:22,039 --> 00:33:22,559
of this ad.

543
00:33:24,279 --> 00:33:27,920
Speaker 2: Great question, And you know, I'll say up front, you know,

544
00:33:28,119 --> 00:33:30,319
so there's an assumption there that labels are that will

545
00:33:30,359 --> 00:33:34,519
be effective at I don't know, you know, maybe informing people,

546
00:33:34,599 --> 00:33:36,720
but then you know, is there a reason to inform

547
00:33:36,759 --> 00:33:40,160
a person or not on you know, something is artificially

548
00:33:40,160 --> 00:33:44,160
generated or not. And then there's assumption so it will

549
00:33:44,160 --> 00:33:47,559
be effective. And research shows that, you know, labels are

550
00:33:47,720 --> 00:33:50,839
actually not that you know, but they don't They don't

551
00:33:50,920 --> 00:33:52,839
change people's opinion one way or the other that much.

552
00:33:53,000 --> 00:33:56,880
Speaker 1: They're kind of look at morbid obesis this country, Taylor,

553
00:33:57,000 --> 00:33:59,599
that should say, you know that all the labels that

554
00:33:59,640 --> 00:34:04,039
were placed on all of the fast food value meals

555
00:34:04,039 --> 00:34:07,839
in this country, nobody's a lot of folks aren't really

556
00:34:08,440 --> 00:34:09,920
paying attention to those, and.

557
00:34:10,039 --> 00:34:12,960
Speaker 2: It kind of becomes it becomes so noisy, right, like

558
00:34:13,000 --> 00:34:16,679
seeing the calories and you know Domino's pizza menu or whatever, like,

559
00:34:16,960 --> 00:34:18,880
it's just another number up there, and I just end

560
00:34:19,000 --> 00:34:20,440
up ignoring it because I just want to know what's

561
00:34:20,480 --> 00:34:22,679
the price, what's with the ingredients, and okay, there's a

562
00:34:22,719 --> 00:34:24,480
bunch of other stuff. Yeah. So I think that's a

563
00:34:24,480 --> 00:34:29,039
great point there, and you know, so your question, I

564
00:34:29,079 --> 00:34:33,719
think the difficulty of it is, uh, it's it's that

565
00:34:33,800 --> 00:34:36,679
line again of you know, what what counts as AI generated?

566
00:34:36,679 --> 00:34:38,239
And some of these bills, you know, try to get

567
00:34:38,239 --> 00:34:42,599
explicit about, you know, depicting fake like what a reasonable

568
00:34:42,639 --> 00:34:48,880
person would you know, take to be fake fictional conduct

569
00:34:48,960 --> 00:34:53,400
or behavior by a real person. But even even that definition, man,

570
00:34:53,440 --> 00:34:56,519
gets real tricky and hairy fast, like what is what

571
00:34:56,559 --> 00:35:00,199
do we mean like a reasonable reasonable person? This?

572
00:35:00,360 --> 00:35:03,519
Speaker 1: Yeah, in this environment, who is a reasonable person anymore?

573
00:35:03,559 --> 00:35:06,400
That's where the root of the definition problem comes in.

574
00:35:06,519 --> 00:35:09,480
Speaker 2: I think, Yeah, what counts as you know, ridiculous content

575
00:35:09,599 --> 00:35:12,320
or context content or you know, fake or you know,

576
00:35:12,440 --> 00:35:15,800
could someone could view as fictional? So you have to

577
00:35:16,840 --> 00:35:19,559
then there's the technical side. So say someone you know,

578
00:35:19,599 --> 00:35:23,480
say I post something on on X that I've used

579
00:35:23,719 --> 00:35:27,159
you know, generative AI to produce and it's maybe it's

580
00:35:27,199 --> 00:35:29,960
pulling in like you know, I always use the Rhnda

581
00:35:30,000 --> 00:35:33,280
Santis you know video from twenty twenty three. It's using

582
00:35:33,320 --> 00:35:37,119
real footage interspersed with generated what took what appeared to

583
00:35:37,119 --> 00:35:41,159
be generative AI images. So it's it's not like this

584
00:35:41,199 --> 00:35:45,360
one hundred percent totally generated thing. Maybe that you know,

585
00:35:45,440 --> 00:35:48,880
Kamala Harris parody video that was close to one hundred percent.

586
00:35:48,920 --> 00:35:53,800
I believe generative AI, but you know, it's determining, so

587
00:35:53,840 --> 00:35:55,519
you have that determination has to be made. And then

588
00:35:55,559 --> 00:35:57,719
when does a label actually get applied? Is it, you know,

589
00:36:00,000 --> 00:36:02,880
percent of the content is generated of AI? Does that

590
00:36:03,000 --> 00:36:05,400
need a label or not? Like what actually helps people?

591
00:36:05,440 --> 00:36:07,239
But then it gets to like the effectiveness of labels.

592
00:36:07,239 --> 00:36:10,000
And I'll just a personal example. I wrote an op

593
00:36:10,119 --> 00:36:13,920
ed and submitted it to a mainstream news outlet summarizing

594
00:36:14,000 --> 00:36:15,840
you know AI news of twenty twenty three, and I

595
00:36:16,239 --> 00:36:18,440
said at the top of the article, I used chat

596
00:36:18,440 --> 00:36:21,199
GPT to help me write this, and it was denied

597
00:36:21,239 --> 00:36:25,039
because I used a generative AI to write my article.

598
00:36:25,079 --> 00:36:26,440
And I thought like it just kind of posed an

599
00:36:26,440 --> 00:36:28,639
interesting question, like, oh, like if I hadn't disclosed but

600
00:36:28,760 --> 00:36:32,159
they've been okay, And you know if I had disclosed,

601
00:36:32,159 --> 00:36:33,920
like is there like a certain mixture that would have

602
00:36:33,960 --> 00:36:37,679
been fine or not? And I think that's that's the

603
00:36:37,719 --> 00:36:41,440
technical problem, determining you know, what amount of it was

604
00:36:41,440 --> 00:36:44,639
was generated and the people are talking tools that say

605
00:36:44,679 --> 00:36:48,440
they can prove, like, you know, this video was you know,

606
00:36:48,559 --> 00:36:51,960
using facial recognition software. You know, there's some software that

607
00:36:52,000 --> 00:36:55,599
purports to work because it can measure eyeblinks. So if

608
00:36:55,599 --> 00:36:59,679
there's a video out there of me speaking human beings, blink,

609
00:36:59,760 --> 00:37:03,360
I think more often than most AI models generating video,

610
00:37:03,400 --> 00:37:04,920
but that's probably going to be a patch soon, so

611
00:37:04,960 --> 00:37:08,480
that's not going to work forever. So it just gets very,

612
00:37:08,559 --> 00:37:12,239
very difficult to accurately label quickly at scale. It's those

613
00:37:12,280 --> 00:37:14,880
three components, Matt, that are the real tricky part. You

614
00:37:14,920 --> 00:37:18,320
think of the volume of content, the data that individuals

615
00:37:18,320 --> 00:37:22,360
across the globe are posting online every single day on

616
00:37:22,679 --> 00:37:25,679
platforms large and small, you know who is actually doing

617
00:37:25,679 --> 00:37:28,039
a label and how are they doing it? And then

618
00:37:28,159 --> 00:37:31,119
is that actually going to meet the goal of helping

619
00:37:31,159 --> 00:37:35,760
citizens and individuals discern you know, true and correct information,

620
00:37:35,840 --> 00:37:37,599
And then that becomes its own issue of like what

621
00:37:37,679 --> 00:37:40,480
is true and product information. The Hunter Biden laptop is

622
00:37:40,480 --> 00:37:43,079
a great example of how how tricky that can be

623
00:37:43,480 --> 00:37:45,840
and how the story can change over time is more

624
00:37:45,840 --> 00:37:49,480
information is released and you know that's its own I'm

625
00:37:49,519 --> 00:37:51,719
sure you guys have covered that well, as of many

626
00:37:51,719 --> 00:37:55,199
other outlets, but that is I think kind of unpacking.

627
00:37:55,280 --> 00:37:57,360
That's how it unpack and maybe answer that question, it's

628
00:37:57,400 --> 00:38:00,960
it's not just a simple you know, hey, AI was

629
00:38:01,039 --> 00:38:02,559
used here or not. It's you know, you have to

630
00:38:02,559 --> 00:38:05,679
do it accurately, at scale and in a way that

631
00:38:05,760 --> 00:38:08,960
actually helps helps people understand. Absolutely.

632
00:38:09,960 --> 00:38:13,559
Speaker 1: Yeah, and you know, you think about the events, the

633
00:38:13,599 --> 00:38:16,719
major events over the last four plus years in this country.

634
00:38:16,719 --> 00:38:20,000
The Hunter Biden story is a perfect example. You'll have

635
00:38:20,079 --> 00:38:25,159
to forgive me and my fellow Americans, many of them,

636
00:38:25,199 --> 00:38:27,039
when we get a little bit itchy, we get a

637
00:38:27,039 --> 00:38:31,679
little bit concerned about government agencies created to be bureaus

638
00:38:31,880 --> 00:38:38,639
of tracking disinformation, misinformation, and malinformation. We've been down this

639
00:38:38,880 --> 00:38:42,800
road before, so there is some clear concern about the

640
00:38:42,800 --> 00:38:47,679
government stepping in to be the arbiter of what is

641
00:38:48,079 --> 00:38:52,039
correct information, what is good information, and what is bad information.

642
00:38:52,199 --> 00:38:56,280
Let's close with this. It's the what's next questions as

643
00:38:56,320 --> 00:39:00,239
always because we're at a pivotal point in AI and

644
00:39:00,880 --> 00:39:04,199
the election season. What is next on this front?

645
00:39:04,199 --> 00:39:07,519
Speaker 2: As you see, well, my team and I at thebund

646
00:39:07,559 --> 00:39:11,639
Ins Institute, we'll keep tracking all mentions of AI and

647
00:39:11,679 --> 00:39:15,280
the US election and look forward to our report part

648
00:39:15,320 --> 00:39:17,320
four in October, and then we'll have an actor action

649
00:39:17,400 --> 00:39:20,400
after November fifth. And you know who, no one can

650
00:39:20,400 --> 00:39:23,239
break the future accurately. But if if passed is any

651
00:39:23,280 --> 00:39:26,199
sort of prologue, I don't believe that the doom and

652
00:39:26,199 --> 00:39:29,039
gloom scenarios are likely to come true. I don't think

653
00:39:29,079 --> 00:39:32,280
we'll see, you know, people not showing up at the

654
00:39:32,320 --> 00:39:36,760
polls because of some generative AI, audio, video, photo, whatever

655
00:39:36,800 --> 00:39:39,519
the case might be. But it's important to pay attention

656
00:39:39,559 --> 00:39:41,159
in the list and I think, you know, that's why

657
00:39:41,159 --> 00:39:44,079
I've appreciated this, this line of research, and I think

658
00:39:44,079 --> 00:39:47,559
we'll see let's see, you know, the SCC proceeding is

659
00:39:47,559 --> 00:39:50,079
happening right now. As I mentioned, we're going at the

660
00:39:50,119 --> 00:39:53,960
first stage of this that agency promulgating rules on the

661
00:39:54,000 --> 00:39:57,079
use of AI and political ads. Listeners should absolutely take

662
00:39:57,079 --> 00:40:02,039
a look at what they're proposing. Deadline for comment is today,

663
00:40:02,559 --> 00:40:04,639
so Congress is not likely to act because they just

664
00:40:04,639 --> 00:40:07,760
have a couple of weeks left of getting stuff done

665
00:40:07,800 --> 00:40:09,760
and they're wrapped up in funding battles and all that

666
00:40:09,800 --> 00:40:12,199
sort of stuff. And the states, I think pay attention

667
00:40:12,320 --> 00:40:14,800
in twenty twenty five. You know, when state legislative sessions

668
00:40:15,239 --> 00:40:18,559
get back into gear, I believe more states will act.

669
00:40:18,639 --> 00:40:21,639
And I you know, in many ways, you know, California

670
00:40:21,719 --> 00:40:25,440
acting cannot inspire some states to act, but in other

671
00:40:25,480 --> 00:40:28,480
ways that can. You know, some I think some legislators

672
00:40:28,480 --> 00:40:30,800
look to California and say, hmm, we don't want to

673
00:40:30,800 --> 00:40:33,519
be like California, so maybe we won't do that right.

674
00:40:34,079 --> 00:40:37,760
And but I think then and nevertheless, you know, state

675
00:40:37,960 --> 00:40:40,920
lawmakers are and governors are hearing from constituents there again,

676
00:40:41,599 --> 00:40:44,119
and take this media diet of doom and gloom, and

677
00:40:44,159 --> 00:40:46,159
I just want to say, like if I have you know,

678
00:40:46,280 --> 00:40:49,360
a couple of suggestions solutions here is you know, there's

679
00:40:49,360 --> 00:40:52,880
a stop panicking. This is not a story where the

680
00:40:52,920 --> 00:40:57,159
prognostications have proved have proven true. If if anything, it's

681
00:40:57,239 --> 00:41:00,280
just the old old style photoshop up.

682
00:41:01,719 --> 00:41:02,000
Speaker 4: Uh.

683
00:41:02,119 --> 00:41:06,639
Speaker 2: You know, bad actors putting in miss and disinformation into

684
00:41:06,639 --> 00:41:09,400
the into the stream that are the cause of issues.

685
00:41:09,400 --> 00:41:11,360
And even did I'll say the Department of Justice did

686
00:41:11,360 --> 00:41:15,159
a report on you know, like Iranian Russian election interference,

687
00:41:15,199 --> 00:41:17,159
and they said generative AI has not been a major

688
00:41:17,199 --> 00:41:18,920
feature of what they've been doing. They're just sticking to

689
00:41:18,920 --> 00:41:22,840
the old school playbook as far as we know. And

690
00:41:22,880 --> 00:41:24,840
so the panic can create this false sense

