The Politics Of AI In Texas: A Step Forward
Can AI regulations balance progress and accountability?
I always look forward to CES (the Consumer Electronics Show) in early January in Las Vegas. There, we see all the new groundbreaking technology ready to hit the market and many concepts seeking funding. Last year, some hits included a transparent TV, futuristic concept cars, and even smart mirrors. More and more, AI (artificial intelligence) is integrated into our devices, our software, and ever-increasing aspects of our lives.
Over the last few years, as I talked to friends and loved ones about their opinions on robotics and automation, I’ve found that most people fall into one of two camps:
Cool! Bring on Rosie the Robot and the cures for cancer.
They’re going to take all of our jobs, become self-aware, and then we will die.
If you’re in the second camp and have some existential dread over Skynet coming online, then I want to introduce you to techno-progressivism.
According to ISideWith, “Techno-progressivism is a socio-political ideology that advocates for the use of technology and science to enhance the human condition, including physical and cognitive abilities, as well as social and political structures. It emphasizes the potential benefits of technological advancements while also recognizing the need for appropriate regulations and ethical considerations to mitigate potential risks and negative impacts.”
“It calls for the responsible use of technology, with appropriate regulations and oversight to ensure that technological advancements benefit all of society and do not harm human rights or the environment.”
With appropriate regulations and oversight, you don’t have to worry about Skynet.
Plenty of industries, such as aviation, food and drugs, and nuclear energy, rely on strict oversight and regulation to prevent disasters. So, while advanced technologies like AI and automation may seem scary, history shows that regulation and oversight can ensure their safe and equitable use.
That’s why I was pleased to see Representative Giovanni Capriglione’s (R-HD98) latest bill, HB1709, which creates the Artificial Intelligence Council and establishes a framework for AI regulation in Texas.
But isn’t Capriglione a Republican?
The funny thing about the Texas Legislature is that about 75% of the bills pass without opposition because they benefit Texans. A bill like this is necessary and should have bipartisan support, although it’s not without problems (I’ll get to that in a minute).
In recent sessions, a small group of Republicans has opposed bipartisan legislation simply because Democrats agreed with it. While that coalition has grown quite a bit this year, I still expect a bill like this to pass.
This bill came from a Republican, not a Democrat, because, in the last session, the Republican Speaker appointed Capriglione chair of the Select Committee on Artificial Intelligence and Emerging Technologies. Over the previous year, this committee held two interim hearings about AI and what legislation was needed in Texas.
Several states have already signed some AI regulations, and many more are discussing them. If Capriglione’s bill, or a bill similar to it, passes, Texas would be at the forefront of AI oversight. It’s actually a reasonably progressive position to have, but don’t tell the Republicans, then they’ll vote against it out of spite.
And here is some irony: California Governor Gavin Newsome recently vetoed the “Safe and Secure Innovation for Frontier Artificial Intelligence Models Act,” which would have imposed the strictest safeguards on major artificial intelligence models in the country. Why is that ironic? In the movie “The Terminator,” Cyberdyne Systems, the company that created Skynet, was based in California.
What does this bill do?
First, it creates the Artificial Intelligence Council to oversee and regulate AI use in Texas. This council will recommend ethical and legal AI use and evaluate potential risks like algorithmic discrimination. A council like this is a good thing. However, the council is appointed by the Governor, the Lt. Governor, and the Speaker of the House.
Do you trust them? Especially Abbott. He’ll be selling those seats to the highest bidder, one who will probably be looking after his (or her) own business interests and not the people of Texas. But as long as we’re a Republican state, it’s what we have to endure.
The bill targets high-risk AI systems, affecting healthcare, employment, criminal justice, and voting. It mandates transparency, regular risk assessments, and corrective actions if issues arise.
Developers of high-risk AI systems must disclose AI usage to consumers, including its purpose, decision-making role, and potential impacts. Consumers also have the right to appeal decisions made by AI systems that adversely affect them.
The bill bans the misuse of biometric data and the manipulation of human behavior through subliminal or coercive techniques. (Russia won’t like this.)
It also puts penalties for noncompliance, ranging from fines to license revocations.
What does this bill not do?
It doesn’t hold small businesses accountable. In fact, it explicitly exempts small businesses from its provisions. Seems stupid. While we all understand that small businesses have fewer resources, they shouldn’t get a free pass to deploy harmful AI systems that escape regulation. All AI companies should be held to the same standards. We don’t say that banks with ten employees shouldn’t have to follow banking regulations because they’re small.
While the bill acknowledges algorithmic discrimination, it does not outline specific methodologies to measure and prevent bias beyond general risk assessments. We should expect to see benchmarks in place to ensure fairness.
This bill also gives a lot of enforcement provisions to the Attorney General. You know, he’s also for sale to the highest bidder. If a company is supposed to face legal repercussions for AI regulation violations, all the CEO would have to do is remodel Paxton’s bathrooms, maybe let him use the company’s Uber account to see his mistress, then they’d get off scot-free.
The bill is a step in the right direction but can be improved.
The next few decades will be exciting in the field of AI, from curing cancer to finding extraterrestrial life, and the future of AI will be exciting.
All I want is a robot that does my family’s laundry.
HB1709 is a step forward in ensuring Texas is prepared to manage the rapid advancements in AI technology. The bill sets a foundation for ethical and responsible AI development. Our government’s policies must keep pace as AI continues to evolve and touch every aspect of our lives.
Texans deserve AI systems that are safe, fair, and free from exploitation. While this bill might not solve every problem, it allows future legislation to build on it.
The future of AI is bright, and if done right, it can improve our lives in ways we can’t even imagine. However, we must ensure that innovation serves the people, not the corporations and politicians who stand to benefit the most. The road ahead may be complex, but with the proper guardrails, AI could genuinely be a force for good—perhaps even folding our laundry one day.
January 7: Joint Legislative Committee - Effects of Media on Minors
January 14: The 89th Legislative Session begins.
March 14: The last day Legislators can file bills.
June 2: The 89th Legislative Session ends.
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