(Adds comments from Anthropic, Elon Musk in paragraphs 17-20)
By Greg Bensinger
SAN FRANCISCO, Aug 27 (Reuters) - California legislators
are set to vote on a bill as soon as this week that would
broadly regulate how artificial intelligence is developed and
deployed in California even as a number of tech giants have
voiced broad opposition.
Here is background on the bill, known as SB 1047, and why it
has faced backlash from Silicon Valley technologists and some
lawmakers:
WHAT DOES THE BILL DO?
Advanced by State Senator Scott Wiener, a Democrat, the
proposal would mandate safety testing for many of the most
advanced AI models that cost more than $100 million to develop
or those that require a defined amount of computing power.
Developers of AI software operating in the state would also need
to outline methods for turning off the AI models if they go
awry, effectively a kill switch.
The bill would also give the state attorney general the
power to sue if developers are not compliant, particularly in
the event of an ongoing threat, such as the AI taking over
government systems like the power grid.
As well, the bill would require developers to hire
third-party auditors to assess their safety practices and
provide additional protections to whistleblowers speaking out
against AI abuses.
WHAT HAVE LAWMAKERS SAID?
SB 1047 has already passed the state Senate by a 32-1 vote.
Earlier this month, it passed the state Assembly appropriations
committee, setting up a vote by the full Assembly. If it passes
by the end of the legislative session on Aug. 31, it would
advance to Governor Gavin Newsom to sign or veto by Sept. 30.
Wiener, who represents San Francisco, home to OpenAI and
many of the startups developing the powerful software, has said
legislation is necessary to protect the public before advances
in AI become either unwieldy or uncontrollable.
However, a group of California Congressional Democrats
oppose the bill, including San Francisco's Nancy Pelosi; Ro
Khanna, whose congressional district covers much of Silicon
Valley; and Zoe Lofgren, from San Jose.
Pelosi has called SB 1047 ill-informed and said it may cause
more harm than good. In an open letter last week, the Democrats
said the bill could drive developers from the state and threaten
so-called open-source AI models, which rely on code that is
freely available for anyone to use or modify.
WHAT DO TECH LEADERS SAY?
Tech companies developing AI - which can respond to prompts
with fully formed text, images or audio as well as run
repetitive tasks with minimal intervention - have called for
stronger guardrails for AI's deployment.
They have cited risks that the software could one day evade
human intervention and cause cyberattacks, among other concerns.
But they also largely balked at SB 1047.
Wiener revised the bill to appease tech companies, relying
in part on input from AI startup Anthropic - backed by Amazon ( AMZN )
and Alphabet. Among other changes, he
eliminated the creation of a government AI oversight committee.
Wiener also took out criminal penalties for perjury, though
civil suits may still be brought.
The revised bill has won support from some tech firms and
executives, including billionaire Elon Musk and Anthropic.
The AI startup had last week said its concerns about the
bill potentially hindering innovation had been "greatly reduced"
and the benefits likely outweighed the costs.
Still, it flagged that some aspects of the bill seemed
concerning or ambiguous.
Tesla CEO Musk, who runs an AI firm called xAI, said he has
been an advocate for AI regulation and that California should
pass the bill.
Other companies have opposed it.
Alphabet's Google and Meta have expressed
concerns in letters to Wiener. Meta said the bill threatens to
make the state unfavorable to AI development and deployment. The
Facebook parent's chief scientist, Yann LeCun, in a July X post
called the bill potentially harmful to research efforts.
OpenAI, whose ChatGPT is credited with accelerating the
frenzy over AI since its broad release in late 2022, has said AI
should be regulated by the federal government but that SB 1047
creates an uncertain legal environment.
In a letter to Wiener, OpenAI said it opposes SB 1047
because it is a threat to AI's growth and could cause
entrepreneurs and engineers to leave the state.
Of particular concern is the potential for the bill to apply
to open-source AI models. Many technologists believe open-source
models are important for creating less risky AI applications
more quickly, but Meta and others have fretted that they could
be held responsible for policing open-source models if the bill
passes. Wiener has said he supports open-source models and one
of the recent amendments to the bill raised the standard for
which open-sourced models are covered under its provisions.
The bill also has its backers in the technology sector.
Geoffrey Hinton, widely credited as a "godfather of AI", former
OpenAI employee Daniel Kokotajlo and researcher Yoshua Bengio
have said they support the bill.