What prevents SB-1047 from triggering on deep fake porn/voice cloning fraud?

post by ChristianKl · 2024-09-26T09:17:39.088Z · LW · GW · 7 comments

This is a question post.

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    0 RamblinDash
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7 comments

Recently, there was a post on SB-1047 [LW · GW] and how it's quite mild regulation. I'm not expert on it and don't know how it works. 

In the comment section I was asking:

Why wouldn't deep fake porn or voice cloning technology to engage in fraud be powerful enough to materially contribute to critical harm?

There are cases of fraud that could do $500,000,000 in damages.

Given how juries decide about damages, a model that's used to create child porn for thousands of children could be argued to cause  $500,000,000 in damages as well. Especially when coupled with something like trying to extort the children.

I'm surprised that my comment didn't get any engagement where people explained how they think the law will handle those cases while at the same time my post got no karma votes.

I'd love to believe that the law is well thought out, and simply a good step for AI safety. At the same time, I also like having accurate beliefs about the effects of the law, so let me repeat my question here.

How does the law handle damage caused by deep fake porn or fraud with voice cloning?


 

Answers

answer by RamblinDash · 2024-09-26T11:02:45.180Z · LW(p) · GW(p)

It only counts if the $500m comes from "cyber attacks on critical infrastructure" or "with limited human oversight, intervention, or supervision....results in death, great bodily injury, property damage, or property loss."

So emotional damages, even if severe and pervasive, can't get you there.

comment by cfoster0 · 2024-09-26T15:04:13.455Z · LW(p) · GW(p)

If you read the definition of critical harms, you’ll see the $500m doesn’t have to come in one of those two forms. It can also be “Other grave harms to public safety and security that are of comparable severity”.

Replies from: RamblinDash
comment by RamblinDash · 2024-09-26T16:54:50.601Z · LW(p) · GW(p)

I have a hard time imagining a Court ruling that "Other grave harms to public safety and security that are of comparable severity" could embrace something so different-in-kind than the listed items.

Replies from: shankar-sivarajan
comment by Shankar Sivarajan (shankar-sivarajan) · 2024-09-26T17:56:13.128Z · LW(p) · GW(p)

From the Fish and Game code: 

"Fish" means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals.

This was read to include bees for the purposes of the Endangered Species Act which lists 

"bird, mammal, fish, amphibian, reptile, or plant" 

(Emphases mine).

Replies from: RamblinDash
comment by RamblinDash · 2024-09-26T18:33:01.724Z · LW(p) · GW(p)

Well, "fish" is a statutorily defined term that clearly includes all invertebrates. What did you want the court to do, ignore the statutory text? Arguably, that outcome supports the notion that the courts are less likely to just ignore text limiting the kinds of harm that are cognizable, not more likely, as you seem to be arguing.

Replies from: ChristianKl
comment by ChristianKl · 2024-09-26T19:30:05.247Z · LW(p) · GW(p)

(4) uses three terms "public safety", "public security" and comparable severity. 

I would expect that severity means $500,000,000 worth of damage.

Public safety does not seem to be a clearly defined term but fairly broad. 

comment by ChristianKl · 2024-09-26T18:46:31.956Z · LW(p) · GW(p)

If someone creates an automated system that makes deep fake porn and then emails with that porn to blackmail people and publishes the deep fake porn when people don't pay up, that could very well be a system with limited human oversight, intervention, or supervision.

Those people who pay the blackmail would also suffer from property loss. 

If you have someone committing suicide because of deep fake porn images of themselves, it might also result in death.

If you have one suicide + $500,000,000 worth in emotional damage wouldn't it count?

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comment by Yair Halberstadt (yair-halberstadt) · 2024-09-26T15:30:39.210Z · LW(p) · GW(p)

I'm not sure why those shouldn't be included? If someone uses my AI to perform 500 million dollars of fraud, then I should probably have been more careful releasing the product.

Replies from: ChristianKl
comment by ChristianKl · 2024-09-26T16:06:05.302Z · LW(p) · GW(p)

leogao spoke of SB-1047 being quite mild.

If you include those things, I expect that you effectively outlaw Open Source AI models for video/audio generation.

I think it's a reasonable decision to outlaw Open Source AI models, but it doesn't sound "mild".

Replies from: yair-halberstadt
comment by Shankar Sivarajan (shankar-sivarajan) · 2024-09-26T15:37:43.916Z · LW(p) · GW(p)

[Comment removed to try to avoid getting rate-limited.] 

Replies from: Seth Herd
comment by Seth Herd · 2024-09-26T18:02:37.071Z · LW(p) · GW(p)

"Anyone who says otherwise is lying" is pretty judgmental and hostile. And wrong.

We really try to maintain a culture of assuming good intent on LW. The claim that nobody might legitimately misunderstand how the law would be enforced is quite a strong assumption about people's intelligence and the time they spend to understand things before commenting.

I think this phrasing is better suited to the broader internet where people start arguments instead of working together to understand the truth.

Replies from: shankar-sivarajan
comment by Shankar Sivarajan (shankar-sivarajan) · 2024-09-26T18:17:22.335Z · LW(p) · GW(p)

It is convention in fields outside of, say, math, for statements to be considered substantially true despite the possibility of exceedingly rare/implausible exceptions. And I accuse you of knowing this and making this isolated demand for my claim to be true without any conceivable exception (which I freely admit it isn't) because you don't like it.

working together to understand the truth.

Do you believe this to be a reasonable characterization of the discussion on LW about SB-1047?

Replies from: Seth Herd
comment by Seth Herd · 2024-09-26T18:28:41.401Z · LW(p) · GW(p)

I absolutely do think LW at large is trying to understand the truth about that bill, yes. I'm sure there are some exceptions, but I'd be surprised if there were many LWers willing to actively deceive people about its consequences - LWers typically really hate lying.

Your statement is not just technically incorrect, but mostly incorrect. Incompetence explains many more wrong statement than malice. I'm not going to change your mind on that right now, but it's something I think about an awful lot, and I think the evidence strongly supports it.

More importantly, your statement sounds mean, which is enough to not want it on LW. People being rude and not extending the benefit of the doubt leads to a community that argues instead of collaboratively seeking the truth. Arguing has huge but subtle downsides for reaching the truth - motivated reasoning from the combative relationships in arguments leads people to solidify their beliefs instead of changing them as the evidence suggests.

I believe the "about LW" page requests that we extend benefit of the doubt and be not just civil, but polite. If not, the community at large still does this, and it seems to work.

This has nothing to do with my support or lack of SBb-1047; I don't even know if I do support it, because I find such legislation's first-order effects to be pointless. My comment is merely about truth and how to obtain it. Being mean is not how you get at the truth.