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¶ THE LABORATORIUM (3D SER.)


A BLOG BY JAMES GRIMMELMANN

SOYEZ RÉGLÉ DANS VOTRE VIE ET ORDINAIRE AFIN
D'ÊTRE VIOLENT ET ORIGINAL DANS VOS OEUVRES.


THE CANDLE AND THE SUN

We are pilgrims bearing candles through a vast and dangerous land, on a journey
none of us will ever complete.

In the dead of night, when all is darkness, you always have your candle. Though
it is dim and flickers, if you attend to what it shows, you will never put a
foot wrong.

But if you keep your eyes downcast upon your candle in broad daylight, though
the way may lie open before you, you will not see it. The small circle it
reaches is not the world, not even a tiny part.

May 9, 2024


GENLAW DC WORKSHOP

I’m at the GenLaw workshop on Evaluating Generative AI Systems: the Good, the
Bad, and the Hype today, and I will be liveblogging the presentations.


INTRODUCTION

Hoda Heidari: Welcome! Today’s event is sponsored by the K&L Gates Endowment at
CMU, and presented by a team from GenLaw, CDT, and the Georgetown ITLP.

Katherine Lee: It feels like we’re at an inflection point. There are lots of
models, and they’re being evaluated against each other. There’s also a major
policy push. There’s the Biden executive order, privacy legislation, the
generative-AI disclosure bill, etc.

All of these require the ability to balance capabilities and risks. The buzzword
today is evaluations. Today’s event is about what evaluations are: ways of
measuring generative-AI systems. Evaluations are proxies for things we care
about, like bias and fairness. These proxies are limited, and we need many of
them. And there are things like justice that we can’t even hope to measure.
Today’s four specific topics will explore the tools we have and their limits.

A. Feder Cooper: Here is a concrete example of the challenges. One popular
benchmark is MMLU. It’s advertised as testing whether models “possess extensive
world knowledge and problem solving ability.” It includes multiple-choice
questions from tests found online, standardized tests of mathematics, history,
computer science, and more.

But evaluations are surprisingly brittle; CS programs don’t always rely on the
GRE. In addition, it’s not clear what the benchmark measures. In the last week,
MMLU has come under scrutiny. It turns out that if you reorder the questions as
you give them to a language model, you get wide variations in overall scores.

This gets at another set of questions about generative-AI systems. MMLU
benchmarks a model, but systems are much more than just models. Most people
interact with a deployed system that wraps the model in a program with a user
interface, filters, etc. There are numerous levels of indirection between the
user’s engagement and the model itself.

And even the system itself is embedded in a much larger supply chain, from data
through training to alignment to generation. There are numerous stages, each of
which may be carried out by different actors doing different portions. We have
just started to reason about all of these different actors and how they interact
with each other. These policy questions are not just about technology, they’re
about the actors and interactions.

Alexandra Givens: CDT’s work involves making sure that policy interventions are
grounded in a solid understanding of how technologies work. Today’s focus is on
how we can evaluate systems, in four concrete areas:

 1. Training-data attribution
 2. Privacy
 3. Trust and safety
 4. Data provenance and watermarks

We also have a number of representatives from government giving presentations on
their ongoing work.

Our goals for today are on providing insights on cross-disciplinary,
cross-community engagement. In addition, we want to pose concrete questions for
research and policy, and help people find future collaborators.

Paul Ohm: Some of you may remember the first GenLaw workshop, we want to bring
that same energy today. Here at Georgetown Law, we take seriously the idea that
we’re down the street from the Capitol and want to be engaged. We have a motto,
“Justice is the end, law is but the means.” I encourage you to bring that spirit
to today’s workshop. This is about evaluations in service of justice and the
other values we care about.


ZACK LIPTON

Zack Lipton: “Why Evaluations are Hard”

One goal of evaluations is simply quality: is this system fit for purpose? One
question we can ask is, what is different about evaluations in the generative-AI
era? And an important distinction is whether a system does everything for
everyone or it has a more pinned-down use case with a more laser-targeted notion
of quality.

Classic discriminative learning involves a prediction or recognition problem (or
a problem that you can twist into one). For example, I want to give doctors
guidance on whether to discharge a patient, so I predict mortality.

Generically, I have some input and I want to classify it. I collect a large
dataset of input-output pairs and generates a model–the learned pattern. Then I
can test how well the model works by testing on some data we didn’t train on.
The model of machine learning that came to dominate is that I have a test set,
and I measure how well the model works on the test set.

So when we evaluate a discriminative model, there are only a few kinds of
errors. For a yes-no classifier, those are false positives and false negatives.
For a regression problem, that means over- and under-estimates. We might look
into how well the model performs on different strata, either to explore how it
works, or to check for disparity on salient demographic groups in the
population. And then we are concerned whether the model is valid at all out of
the distribution it was trained on–e.g., at a different hospital, or in the
wild.

[editor crash, lost some text]

Now we have general-purpose systems like ChatGPT which are provided without a
specific task. They’re also being provided to others as a platform for building
their own tools. Now language models are not just language models. Their job is
not just to accurately predict the next word but to perform other tasks.

We have some ways of assessing quality, but there is no ground truth we can use
to evaluate against. There is no single dataset that represents the domain we
care about. Evaluation starts going to sweeping benchmarks; the function of what
we did in NLP before is to supply a giant battery of tests we can administer to
test “general” capabilities of ML models. And the discourse shifts towards
trying to predict catastrophic outcomes.

At the same time, these generic capabilities provide a toolkit for building
stronger domain-specific technologies. Now people in the marketplace are
shipping products without any data. There is a floor level of performance they
have with no data at all. Generative AI has opened up new domains, but with huge
evaluation challenges.

Right now, for example, health-care systems are underwater. But the clerical
burden of documenting all of these actions is immense: two hours of form-filling
for every one hour of patient care. At Abridge, we’re building a generative-AI
system for physicians to document clinical notes. So how do we evaluate it?
There’s no gold standard, we can’t use simple tricks. The problem isn’t
red-teaming, it’s more about consistently high-quality statistical
documentation. The possible errors are completely open-ended, and we don’t have
a complete account of our goals.

Finally, evaluation takes place at numerous times. Before deployment, we can
look at automated metrics–but at the end of the day, no evaluation will capture
everything we care about. A lot of the innovation happens when we have humans in
the loop to give feedback on notes. We use human spot checks, we have relevant
experts judging notes, across specialties and populations, and also tagging
errors with particular categories. We do testing during rollout, using staged
releases and A/B tests. There are also dynamic feedback channels from clinician
feedback (star ratings, free-form text, edits to notes, etc.). There are lots of
new challenges–the domain doesn’t stand still either. And finally, there are
regulatory challenges.


EMILY LANZA

Emily Lanza: “Update from the Copyright Office”

The Copyright Office is part of the legislative branch, providing advice to
Congress and the courts. It also administers the copyright registration system.

As far back as 1965, the Copyright Office has weighed in on the copyrightability
of computer-generated works. Recently, these issues have become far less
theoretical. We have asked applicants to disclaim copyright in
more-than-de-minimis AI-generated portions of their works. In August, we
published a notice of inquiry and received more than 10,000 comments. And a
human has read every single one of those comments.

Three main topics:

First, AI outputs that imitate human artists. These are issues like the
Drake/Weeknd deepfake. Copyright law doesn’t cover these, but some state rights
do. We have asked whether there should be a federal AI law.

Second, copyrightability of outputs. We have developed standards for
examination. The generative-AI application was five years ago, entirely as a
test case. We refused registration on the ground that human authorship is
required; the D.C. District Court agreed and the case is on appeal. Other cases
present less clear-cut facts. Our examiners have issued over 200 registrations
with appropriate disclaimers, but we have also refused registration in three
high-profile cases.

The central question in these more complex scenarios is when and how a human can
exert control over the creativity developed by the AI system. We continue to
draw these lines on a case-by-case basis, and at some point the courts will
weigh in as well.

Third, the use of human works to train AIs. There are 20 lawsuits in U.S.
courts. The fair use analysis is complex, including precedents such as Google
Books and Warhol v. Goldsmith. We have asked follow-up questions about consent
and compensation. Can it be done through licensing, or through collective
licensing, or would a new form of compulsory licensing be desirable? Can
copyright owners opt in or out? How would it work?

Relatedly, the study will consider how to allocate liability between developers,
operators, and users. Our goal is balance. We want to promote the development of
this exciting technology, while continuing to allow human creators to thrive.

We also need to be aware of developments elsewhere. Our study asks whether
approaches in any other countries should be adopted or avoided in the United
States.

We are not the only ones evaluating this. Congress has been busy, too, holding
hearings as recently as last week. The Biden Administration issued an executive
order in October. Other agencies are involved, including the FTC (prohibition on
impersonation through AI-enabled deepfakes), and FEC (AI in political ads).

We plan to issue a report. The first section will focus on digital replicas and
will be published this spring. The second section will be published this summer
and will deal with the copyrightability of outputs. Later sections will deal
with training and more. We aim to publish all of it by the end of the fiscal
year, September 30. We will revise the Compendium, and also a study by
economists about copyright and generative AI.


SEJAL AMIN

Sejal Amin (CTO at Shutterstock): “Ensuring TRUST; Programs for Royalties in the
Age of AI”

Shutterstock was founded in 2003 and has since become an immense marketplace for
images, video, music, 3D, design tools, etc. It has been investing in AI
capabilities as well. Showing images generated by Shutterstock’s AI tools. Not
confined to any genre or style. Shutterstock’s framework is TRUST. I’m going to
focus today on the R, Royalties.

Today’s AI economy is not really contributing to the creators who enable it.
Unregulated crawling helps a single beneficiary. In 2023, Shutterstock launched
a contributor fund that provides ongoing royalties tied to licensing for newly
generated assets.

The current model provides an equal share per image based on their
contributions, which are then used in training Shutterstock’s models. There is
also compensation by similarity, or by popularity. These models have problems.
Popularity is not a proxy for quality; it leads to a rich-get-richer phenomenon.
And similarity is also flawed without a comprehensive understanding the world.

For us, quality is a high priority. High-quality content is an essential input
into the training process. How could we measure that? Of course, the word
quality is nebulous. I’m going to focus on:

 * Aesthetic excellence
 * Safety
 * Diverse representation

A shared success model will need to understand customer demand.

Aesthetic excellence depends on technical proficiency (lighting, color balance)
and visual appeal. Shutterstock screens materials for safety both manually and
through human review. We have techniques to prevent generation of unsafe
concepts. Diversity is important to all of us. We balance and improve
representations of different genders, ethnicities, and orientation. Our fund
attempts to support historically excluded creator groups. Our goal is shared
success.


DAVID BAU

David Bau: “Unlearning from Generative AI Models”

Unlearning asks: “Can I make my neural network forget something it learned?”

In training, a dataset with billions of inputs is run through training, and then
can generate potentially infinite outputs. The network’s job is to generalize,
not memorize. If you prompt Stable Diffusion for “astronaut riding a horse on
the moon” there is no such image in the training set, it will generalize to
create one.

SD is trained on about 100 TB of data, but the SD model is only about 4GB of
network weights. We intentionally make these nets too small to memorize
everything. That’s why they must generalize.

But still, sometimes a network does memorize. Carlini et al. showed that there
is substantial memorization in some LLMs, and the New York Times found out that
there is memorization in ChatGPT.

In a search engine, takedowns are easy to implement because you know “where” the
information is. In a neural network, however, it’s very hard to localize where
the information is.

There are two kinds of things you might want to unlearn. First, verbatim
regurgitation, second, unwanted generalized knowledge (artist’s style, undesired
concepts like nudity or hate, or dangerous knowledge like hacking techniques).

Three approaches to unlearning:

 1. Remove from the training data and retrain. But this is extremely expensive.
 2. Modify the model. Fine-tuning is hard because we don’t know where to erase.
    There are some “undo” ideas or targeting specific concepts.
 3. Filter outputs. Add a ContentID-like system to remove some outputs. This is
    a practical system for copyright compliance, but it’s hard to filter
    generalized knowledge and the filter is removable from open-source models.

Fundamentally, unlearning is tricky and will require combining approaches. The
big challenge is how to improve the transparency of a system not directly
designed by people.


ALICIA SOLOW-NIEDERMAN

Alicia Solow-Niederman: “Privacy, Transformed? Lessons from GenAI”

GenAI exposes underlying weak spots. One kind of weak spot is weaknesses in a
discipline’s understanding (e.g., U.S. privacy law’s individualistic focus).
Another is weaknesses in cross-disciplinary conversations (technologists and
lawyers talking about privacy).

Privacy in GenAI: cases when private data is used in the. If I prompt a system
with my medical data, or a law-firm associate uses a chatbot to generate a
contract with confidential client data. It can arise indirectly when a non-AI
company licenses sensitive data for training. For example, 404 reported that
Automattic was negotiating to license Tumblr data. Automattic offered an
opt-out, a solution that embraces the individual-control model. This is truly a
privacy question, not a copyright one. And we can’t think about it without
thinking what privacy should be as a social value.

Privacy out of GenAI: When does private data leak out of a GenAI system? We’ve
already talked about memorization followed by a prompt that exposes it. (E.g.,
the poem poem poem attack.) Another problem is out-of-context disclosures. E.g.,
ChatGPT 3.5 “leaked a random dude’s photo”–a working theory is that this photo
was uploaded in 2016 and ChatGPT created a random URL as part of its response.
Policy question: how much can technical intervention mitigate this kind of risk?

Privacy through GenAI: ways where the use of the technology itself violates
privacy. E.g., GenAI tools used to infer personal information: chatbots can
discern age and geography from datasets like Reddit. The very use of a GenAI
tool might lead to violations of existing protections. The example of GenAI for
a health-care system is a good example of this kind of setting.

Technical patches risk distracting us from more important policy questions.


NILOOFAR MIRESHGHALLAH

Niloofar Mireshghallah: “What is differential privacy? And what is it not?”

A big part of the success of generative AI is the role of training data. Most of
the data is web-scraped, but this might not have been intended to be public.

But the privacy issues are not entirely new. The census collects data on name,
age, sex, race, etc. This is used for purposes like redistricting. But this data
could also be used to make inferences, e.g., where are there mixed-race couples?
Obvious approach is to withhold some fields, such as name, but often the data
can be reconstructed.

Differential privacy is a way of formalizing the idea that nothing can be
learned about a participant in a database–is the database with the record
distinguishable from the database without it? The key concept here is a privacy
budget, which quantifies how much privacy can be lost through queries of a
(partially obscured) database Common patterns are still visible, but uncommon
patterns are not.

But privacy under DP comes at the cost of data utility. The more privacy you
want, the more noise you need to add, and hence the less useful the data. And it
has a disproprotionate imapct on the tails of the distribution, e.g., more
inaccuracy in the census measurements of the Hispanic population.

Back to GenAI. Suppose I want to release a medical dataset with textual data
about patients. Three patients have covid and a cough, one patient has a lumbar
puncture. It’s very hard to apply differential privacy to text rather than
tabular data. It’s not easy to apply clear boundaries between records to text.
There are also ownership issues, e.g., “Bob, did you hear about Alice’s
divorce?” applies to both Bob and Alice.

If we try applying DP with each patient’s data as a record, we get a
many-to-many version. The three covid patients get converted into similar covid
patients; we can still see the covid/cough relationship. But it does not detect
and obfuscate “sensitive” information while keeping “necessary” information
intact. We’ll still see “the CT machine at the hospital is broken.” This is
repeated, but in context it could be identifying and shouldn’t be revealed. That
is, repeated information might be sensitive! A fact that a lumbar puncture
requires local anasthesia might appear only once, but that’s still a fact that
ought to be learned, it’s not sensitive. DP is not good at capturing these
nuances or these needle-in-haystack situations. There are similarly messy issues
with images. Do we even care about celebrity photos? There are lots of contexual
nuances.


PANEL DISCUSSION

[Panel omitted because I’m on it]


ANDREAS TERZIS

Andreas Terzis: “Privacy Review”

Language models learn from their training data a probability distribution of a
sequence given the previous tokens. Can their memorize rare or unique
training-data sequences? Yes, yes yes. So thus we ask, do actual LLMs memorize
their training data?

Approach: use the LLM to generate a lot of data, and they predict membership of
an example in the training data. If it has a high likelihood of being generated,
then it’s memorized, if not, then no. In 2021, they showed that memorization
happens in actual models, and since then, scale exacerbates the issue. Larger
models memorize more.

Alignment seems to hide memorization, but not to prevent it. An aligned model
might not return training data, but it can be prompted (e.g., “poem poem poem”)
in ways that elicit it. And memorization happens with multimodal models too.

Privacy testing approaches: first, “secret sharer” invovles controlling canaries
inserted into the training data. This requires access to the model and can also
pollute it. “Data extraction” only requires access to the interface but may
underestimate the actual amount of memorization.

There are tools to remove what might be sensitive data from training datasets.
But they may not find all sensitive data (“andreas at google dot com”), and on
the flipside, LLMs might benefit from knowing what sensitive data looks like.

There are also safety-filter tools. They stop LLMs from generating outputs that
violate its policies. This is helpful in preventing verbatim memorization but
can potentially be circumvented.

Differential privacy: use training-time noise to provide reduced sensitivity to
specific rarer examples. This introduces a privacy-utility tradeoff. (And as we
saw in the morning, it can be hard to adopt DP to some types of data and
models.)

Deduplication can reduce memorization, because the more often an example is
trained on, the more likely it is to be memorized. The model itself is likely to
be better (faster to train on and less resources on memorizing duplicates.)

Privacy-preserving LLMs train on data intended to be public, and then finetine
locally on user-contributed data. This and techniques in the previous slides can
be combined to provide layered defense.


DAVE WILLNER

Dave Willner: “How to Build Trust & Safety for and with AI”

Top-down take from a risk management perspective. We are in a world where a
closed system is a very different thing to build trust and safety for than an
open system, and I will address them both.

Dealing with AI isn’t a new problem. Generative AI is a new way of producing
content. But we have 15-20 years of experience in moderating content. There is
good reason to think that generative-AI systems will make us better at
moderating content; they may be able to substitute for human moderators. And the
models offer us new sites of intervention, in the models themselves.

First, do product-specific risk assessment. (Standard T&S approach: actors,
behaviors, and content.) Think about genre (text, image, multimodal, etc.) Ask
how frequent some of this content is. And how is this system specifically useful
to people who want to generate content you don’t want them to?

Next, it’s a defense in depth approach. You have your central model and a series
of layers around it. So the only viable approach is to stack as many layers of
mitigations as possible.

 * Control access to the system, you don’t need to let people trying to abuse
   the system have infinite chances.
 * Monitor your outputs to see what the model is producing.
 * You need to have people investigating anomalies and seeing what’s happening.
   That can drive recalibration and adjustment.

In addition, invest in learning to use AI to augment all of the things I just
talked about. All of these techniques rely on human classification. This is
error-prone work that humans are not good at and that takes a big toll on them.
We should expect generative-AI systems to play a significant role here; early
experiments are promising.

In an open-souce world, that removes centralized gatekeepers … which means
removing centralized gatekeepers. I do worry we’re facing a tragedy of the
commons. Pollution from externalities from models is a thing to keep in mind,
especially with the more severe risks. We are already seeing significant CSAM.

There may not be good solutions here with no downsides. Openness versus safety
may involve hard tradeoffs.


NICHOLAS CARLINI

Nicholas Carlini: “What watermarking can and can not do”

A watermark is a mark placed on top of a piece of media to identify it as
machine generated.

For example: an image with a bunch of text put on top of it, or a disclaimer at
the start of a text passage. Yes, we can watermark, but these are not good
watermarks; they obscure the content.

Better question: can we usefully watermark? The image has a subtle watermark
that are present in the pixels. And the text model was watermarked, too, based
on some of the bigram probabilities.

But even this isn’t enough. The question is what are your requirements? We want
watermarks to be useful for some end task. For example, people want undetectable
watermarks. But most undetectable watermarks are easy to remove–e.g., flip it
left-to-right, or JPEG compress it. Other people want unremovable watermarks. By
whom? An 8-year-old or a CS professional? Unremovable watermarks are also often
detectable. Some people want unforgeable watermarks, so they can verify the
authenticity of photos.

Some examples of watermarks designed to be unremovable.

Here’s a watermarked image of a tabby cat. An ML image-recognition model
recognizes it as a tabby cat with 88% confidence. Adversarial perturbation can
make the image look indistinguishable to us humans, but it is classified as
“guacamole” with 99% confidence. Almost all ML classifiers are vulnerable to
this.Synthetic fake images can be tweaked to look like real ones with trivial
variations, such as texture in the pattern of hair.

Should we watermark? It comes down to whether we’re watermarking in a setting
where we can achieve our goals. What are you using it for? How robustly? Who is
the adversary? Is there even an adversary?

Here are five goals of watermarking:

 1. Don’t train on your own outputs to avoid model collapse. Hope that most
    people who copy the text leave the watermark in.
 2. Provide information to users so they know whether the pope actually wore a
    puffy coats. There are some malicious users, but mostly not many.
 3. Detect spam. Maybe the spammers will be able to remove the watermark, maybe
    not.
 4. Detect disinformation. Harder.
 5. Detect targeted abuse. Harder still. As soon as there is a human in the
    loop, it’s hard to make a watermark stick. Reword the text, take a picture
    of the image. Can we? Should we? Maybe.


RAQUEL VAZQUEZ LLORENTE

Raquel Vazquez Llorente: “Provenance, Authenticity and Transparency in Synthetic
Media”

Talking about indirect disclosure mechanisms, but I consider detection to be a
close cousin. We just tested detection tools and broke them all.

Witness helps people use media and tech to protect their rights. We are moving
fast to a world where human and AI don’t just coexist but intermingle. Think of
inpainting and outpainting. Think of how phones include options to enhance image
quality or allow in-camera editing.

It’s hard to address AI content in isolation from this. We’ve also seen that
deception is as much about context as it is about content. Watermarks,
fingerprints, and metadata all provide important information, but don’t provide
the truth of data.

Finally, legal authentication. There is a lot of work in open-source
investigations. The justice system plays an essential role in protecting rights
and democracy. People in power have dismissed content as “fake” or “manipulated”
when they want to avoid its impact.

Three challenges:

 1. Identity. Witness has insisted that identity doesn’t need to be a condition
    of authentication. A system should avoid collecting personal information by
    default, because it can open up the door to government overreach.
 2. Data storage, ownership, and access. Collecting PII that connects to
    activists means they could be targeted.
 3. Access to tools and mandatory usage. Who is included and excluded is a
    crucial issue. Provenance can verify content, but actual analysis is
    important.


ERIE MEYER

Erie Meyer: “Algorithmic Disgorgement in the Age of Generative AI”

CFPB sues companies to protect them from unfair, deceptive, or abusive
practices: medical debt, credit reports, repeat-offender firms, etc. We
investigate, litigate, and supervise.

Every one of the top-ten commercial banks uses chatbots. CFPB found that people
were being harmed by poorly deployed chatbots that sent users into doom loops.
You get stuck with a robot that doesn’t make sense.

Existing federal financial laws say that impeding customers from solving
problems can be a violation of law. If the technology fails to recognize that
consumers are invoking their federal rights, or fails to protect their private
information. Firms also have an obligation to respond to consumer disputes and
competently interact with customers. It’s not radical to say that technology
should make things better, not worse. CFPB knew it needed to do this report
because it publishers its complaints online. In those complaints, they searched
for the word “human” and it pulled up a huge number of complaints.

Last year, CFPB put out a statement that “AI is Not an Execuse for Breaking the
Law.” Bright-line rules benefit small companies by giving them clear guidance
without needing a giant team to study the law. They also make it clear when a
company is compliant or not, and make it clear when an investigation is needed.

An example: black-box credit models. Existing credit laws require firms making
credit decisions to tell consumers why they made a decision. FCRA has use
limitations, accuracy and explainability requirements, and a private right of
action. E.g., targeted advertising is not on the list of allowed uses. CFPB has
a forthcoming FCRA rulemaking.

When things go wrong, I think about competition, repeat offenders, and
relationships. A firm shouldn’t get an edge over its competitors from using
ill-gotten data. Repeat offenders are an indication that enforcement hasn’t
shifted the firm’s incentives. Relationships: does someone answer the phone, can
you get straight answers, do you know that Erica isn’t a human?

The audiences for our work are individuals, corporations, and the industry as a
whole. For people: What does a person do when their data is misused? What makes
me whole? How do I get my data out? For corporations, some companies violate
federal laws repeatedly. And for the industry, what do others in the industry
learn from enforcement actions?

Finally, disgorgement: I’ll cite a case from the FTC in the case against Google.
The reason not to let Google settle was that while the “data” was deleted, the
data enhancements were used to target others.

What keeps me up at night is that it’s hard to get great legislation on the
books.


ELHAM TABASSI

Elham Tabassi: “Update from US AI Safety Institute”

NIST is a non-regulatory agency under the Department of Commerce. We cultivate
trust in technology and promote innovation. We promote measurement science and
technologically valid standards. We work through a multi-stakeholder process. We
try to identify what are the valuable effective measurement techniques.

Since 2023, we have:

 * We released an AI Risk Management Framework.
 * We built a Trustworthy AI Resource Center and launched a Generative AI Public
   Working Group
 * EO 14110 asks NIST to develop a long list of AI guidelines, and NIST has been
   busy working on those drafts, with a request for information and will be
   doing listening sessions.
 * NIST will start with a report on synthetic content authentication and then
   develop guidance
 * There are a lot of other tasks, most of which correspond with the end of
   July, but these will continue in motion after that.
 * We have a consortium with working groups to implement the different EO
   components
 * Released a roadmap along with the AI RMF.


NITARSHAN RAJKUMAR

Nitarshan Rajkumar: “Update from UK AI Safety Institute”

Our focus is to equip governments with an empirical understanding of the safety
of frontier AI systems. It’s built as a startup within government, with seed
funding of £100 million, and extensive talent, partnerships, and access to
models and compute.

UK government has tried to mobilize international coordination, starting with an
AI safety summit at Bletchley Park. We’re doing consensus-building at a
scientific level, trying to do for AI safety what IPCC has done for climate
change.

We have four domains of testing work:

 * Misuse: do advanced AI systems meaningfully lower barriers for bad actors
   seeking to cause harm?
 * Societal imapcts: how are AI systems actually used in the real world, with
   effects on individuals and society?
 * Autonomous systems: this includes reproduction, persuasion, and create more
   capable AI models
 * Safeguards: evaluating effectiveness of advanced AI safety systems

We have four approaches to evaluations:

 * Automated benchmarking (e.g. Q&A sets). Currently broad but shallow
   baselines.
 * Red-teaming: deploying domain experts to manually interact with the model
 * Human-uplift studies: how does AI change the capabilities of novices?
 * Agents and tools: it’s possible that agents will become a more common way of
   interacting with AI systems


PANEL DISCUSSION

Katherine: What kinds of legislation and rules do we need?

Amba: The lobbying landscape complicates efforts. Industry has pushed for
auditing mandates to undercut bright-line rules. E.g., facial-recognition
auditing was used to undercut pushes to ban facial-recognition. Maybe we’re not
talking enough about incentives.

Raquel: When we’re talking about generative-AI, we’re also talking about the
broader information landscape. Content moderation is incredibly thorny. Dave
knows so much, but the incentives are so bad. If companies are incentivized by
optimizing advertising, data collection, and attention, then content moderation
is connected to enforcing a misaligned system. We have a chance to shape these
rules right now.

Dave: I think incentive problems affect product design rather than content
moderation. The ugly reality of content moderation is that we’re not very good
at it. There are huge technique gaps, humans don’t scale.

Katherine: What’s the difference between product design and content moderation?

Dave: ChatGPT is a single-player experience, so some forms of abuse are
mechanically impossible. That kind of choice has much more of an impact on abuse
as a whole.

Katherine: We’ve talked about standards. What about when standards fail? What
are the remedies? Who’s responsible?

Amba: Regulatory proposals and regimes (e.g. DSA) that focus on auditing and
evaluation have two weaknesses. First, they’re weakest on consequences: what if
harm is discovered? Second, internal auditing is most effective (that’s where
the expertise and resources are) but it’s not a substitute for external
auditing. (“Companies shouldn’t be grading their own homework.”) Too many
companies are on the AI-auditing gravy train, and they haven’t done enough to
show that their auditing is at the level of effectiveness it needs to be.
Scrutinize the business dynamics.

Nicholas: In computer security, there are two types of audits. Compliance audits
check boxes to sell products, and actual audits where someone is telling you
what you’re doing wrong. There are two different kinds of companies. I’m worried
about the same thing happening here.

Elham: Another exacerbation is that we don’t know how to do this well. From our
point of view, we’re trying to untangle these two, and come up with objective
methods for passing and failing.

Question: Do folks have any reflection on approaches more aligned with
transparency?

Nicholas: Happy to talk when I’m not on the panel.

Raquel: A few years ago, I was working on developing an authentication product.
We got a lot of backlash from human-rights community. We hired different sets of
penetration testers to audit the technology, and then we’d spend resource on
patching. We equate open-source with security, but the amount of times we
offered people code–but there’s not a huge amount of technical expertise.

Hoda: Right now, we don’t even have the right incentives to create standards
except for companies’ bottom line. How do your agencies try to balance industry
expertise with impacted communities?

Elham: Technologies change fast, so expertise is very important. We don’t know
enough, and the operative word is “we” and collaboration is important.

Nitarshan: Key word is “iterative.” Do the work, make mistakes, learn from them,
improve software, platform, and tooling.

Elham: We talk about policies we can put in place afterwards to check for safety
and security. But these should also be part of the discussion of design. We want
technologies that make it easy to do the right thing, hard to do the wrong
thing, and easy to recover. Think of three-plug power outlets. We are not a
standard-development organization; industry can lead standard development. The
government’s job is to support these efforts by being third-party neutral
objectives.

Question: What are the difference in how various institutions understand AI
safety? E.g., protect company versus threats to democracy and human rights?

Nitarshan: People had an incorrect perception that we were focused on
existential risk and we prominently platformed societal and other risks. We
think of the risks as quite broad.

Katherine: Today, we’ve been zooming in and out. Safety is really interesting
because we have tools that are the same for all of these topics–same techniques
for privacy and copyright don’t necessarily work. Alignment, filters, etc. are a
toolkit that is not necesarily specified. It’s about models that don’t do what
we want them to do.

Let’s talk about trust and safety. Some people think there’s a tradeoff between
safe and private systems

Dave: That is true especially early on in the development of a technology when
we don’t understand it. But maybe not in the long run. For now, observation for
learning purposes is important.

Andreas: Why would the system need to know more about individuals to protect
them?

Dave: It depends on privacy. If privacy means “personal data” than no, but if
privacy means “scrutiny of your usage” then yes.

Katherine: Maybe I’m generating a picture of a Mormon holding a cup of coffee.
Depending on what we consider a violation, we’d need to know more about them, or
to know what they care about. Know the age and context of a child.

Andreas: People have the control to disclose what they want to be know, that can
also be used in responding.

Question: How do you think about whether models are fine to use only with
certain controls, or should we avoid models that are brittle?

Dave: I’m very skeptical of brittle controls (terms of service, some refusals).
Solving the brittleness of model-level mitigations is an important technical
problem if you want to see open-source flourish. The right level to work at is
the level you can make stick in the face of someone who is trying to be
cooperative. Miscalibration is different than adversarial misuse. Right now,
nothing is robust if someone can download the model and run it themselves.

Erie: What advice do you have for federal regulators who want to develop
relationships with technical communities? How do you encourage whistleblowers?

Amba: Researchers are still telling us that problems with existing models are
still unsolved. There are risks that are still unsolved; the genie is still out
of the bottle. We’re not looking out to the horizon. Privacy, security, and bias
harms are here right now.

Nicholas: I would be fine raising problems if I noticed them; I say things that
get me in trouble in many circumstances. There are cases where it’s not worth
getting in trouble–when I don’t have anything technically useful to add to the
conversation.

Dave: People who work in these parts of companies are not doing it because they
love glory and are feeling relaxed. They’re doing it because they genuinely
care. That sentiment is fairly widespread.

Andreas: We’re here and we publish. There is a fairly vibrant community of
open-source evaluations. In many ways they’re the most trustable. Maybe it’s
starting to happen for security as well.

Katherine: Are proposed requirements for watermarking misguided?

Nicholas: As a technical problem, I want to know whether it works. In
adversarial settings, not yet. In non-adversarial settings, it can work fine.

Katherine: People also mention homomorphic encryption–

Nicholas: That has nothing do with watermarking.

Katherine: –blockchain–

Nicholas: That’s dumb.

Raquel: There’s been too much emphasis on watermarking from a regulatory
perspective. If we don’t embed media literacy, I’m worried about people looking
at a content credential and misunderstanding what it covers.

Question: Is there value in safeguards that are easy to remove but hard to
remove by accident?

Dave: It depends on the problem you’re trying to solve.

Nicholas: This the reason why depositions exist.

Raquel: This veers into UX, and the design of the interface the user engages
with.

Question: What makes a good scientific underpinning for an evaluation? Compare
the standards for cryptographic hashes versus the standards for penetration
testing? Is it about math versus process?

Nitarshan: These two aren’t in tension. It’s just that right now ML evaluation
is more alchemy than science. We can work on developing better methods.

--------------------------------------------------------------------------------

And that’s it, wrapping up a nearly nine-hour day!

April 15, 2024


HOW LICENSES LEARN

I have posted a new draft essay, How Licenses Learn. It is a joint work with
Madiha Zahrah Choksi, a Ph.D. student in Information Science at Cornell Tech,
and the paper itself is an extended and enriched version of her seminar paper
from my Law of Software course from last spring. We presented it at the Data in
Business and Society symposium at Lewis and Clark Law School in September, and
the essay is forthcoming in the Lewis and Clark Law Review later this year.

Here is the abstract:

> Open-source licenses are infrastructure that collaborative communities
> inhabit. These licenses don’t just define the legal terms under which members
> (and outsiders) can use and build on the contributions of others. They also
> reflect a community’s consensus on the reciprocal obligations that define it
> as a community. A license is a statement of values, in legally executable
> form, adapted for daily use. As such, a license must be designed, much as the
> software and hardware that open-source developers create. Sometimes an
> existing license is fit to purpose and can be adopted without extensive
> discussion. However, often the technical and social needs of a community do
> not precisely map onto existing licenses, or the community itself is divided
> about the norms a license should enforce. In these cases of breakdown, the
> community itself must debate and design its license, using the same social
> processes it uses to debate and design the other infrastructure it relies on,
> and the final goods it creates.
> 
> In this Article, we analyze four case studies of controversy over license
> design in open-source software and hardware ecosystems. We draw on Stewart
> Brand’s How Buildings Learn, a study of how physical buildings change over
> time as they are adapted and repurposed to deal with new circumstances by
> successive generations of users. Similarly, we describe how open-source
> licenses are adapted and repurposed by different communities confronting
> challenges. Debates over license drafting and interpretation are a key
> mechanism of achieving the necessary consensus for successful collaboration.
> The resulting licenses are the visible traces of the constant political work
> that sustains open-source collaboration. Successful licenses, like successful
> buildings, require ongoing maintenance, and the record of license changes over
> the years is a history of the communities that have inhabited them.

The paper has been a great pleasure to work on for many reasons. First and
foremost is the joy of collaborative work. Madiha has done extensive research on
how open-source communities handle both cooperation and conflict, and the
stories in How Licenses Learn are just a small fraction of the ones she has
studied. Like the communities she studies, Madiha engages with legal issues from
the perspective of a well-informed non-lawyer, which helps a lot in
understanding what is really going on in arguments over licensing.

Second, this paper was a chance for me to revisit some of the ideas in
architectural theory that I have been chewing on since I wrote Regulation by
Software in law school nearly 20 years ago. Larry Lessig famously connected
software to architecture, and we found the metaphor illuminating in thinking
about the ``architecture’’ of software licensing. As always, I hope you enjoy
reading this as much as I—as we—enjoyed writing it.

March 16, 2024


SCHOLARS' AMICUS BRIEF IN THE NETCHOICE CASES

Yesterday, along with twenty colleagues — in particular Gautam Hans, who served
as counsel of record — I filed an amicus brief in the Supreme Court’s cases on
Florida and Texas’s anti-content-moderation social-media laws, Moody v.
NetChoice and NetChoice v. Paxton. The cases involve First Amendment challenges
to laws that would prohibit platforms from wide swaths of content moderation.
Florida’s prohibits removing or downranking any content posted by journalistic
enterprises or by or about candidates for public office; Texas’s prohibits any
viewpoint-based moderation of any content at all.

Our brief argues that these laws are unconstitutional restrictions on the rights
of social-media users to find and receive the speech that they want to listen
to. By prohibiting most content moderation, they force platforms to show users
floods of content those users find repugnant, or are simply not interested in.
This, we claim, is a form of compelled listening in violation of the First
Amendment.

Here is the summary of our argument:

> This case raises complex questions about social-media platforms’ First
> Amendment rights. But Florida Senate Bill 7072 (SB 7072) and Texas House Bill
> 20 (HB 20) also severely restrict platform users’ First Amendment rights to
> select the speech they listen to. Any question here is straightforward: such
> intrusions on listeners’ rights are flagrantly unconstitutional.
> 
> SB 7072 and HB 20 are the most radical experiments in compelled listening in
> United States history. These laws would force millions of Internet users to
> read billions of posts they have no interest in or affirmatively wish to
> avoid. This is compulsory, indiscriminate listening on a mass scale, and it is
> flagrantly unconstitutional.
> 
> Users rely on platforms’ content moderation to cope with the overwhelming
> volume of speech on the Internet. When platforms prevent unwanted posts from
> showing up in users’ feeds, they are not engaged in censorship. Quite the
> contrary. They are protecting users from a neverending torrent of harassment,
> spam, fraud, pornography, and other abuse — as well as material that is
> perfectly innocuous but simply not of interest to particular users. Indeed, if
> platforms did not engage in these forms of moderation against unwanted speech,
> the Internet would be completely unusable, because users would be unable to
> locate and listen to the speech they do want to receive.
> 
> Although these laws purport to impose neutrality among speakers, their true
> effect is to systematically favor speakers over listeners. SB 7072 and HB 20
> pre- vent platforms from routing speech to users who want it and away from
> users who do not. They convert speakers’ undisputed First Amendment right to
> speak without government interference into something much stronger and far
> more dangerous: an absolute right for speakers to have their speech
> successfully thrust upon users, despite those users’ best efforts to avoid it.
> 
> In the entire history of the First Amendment, listeners have always had the
> freedom to seek out the speech of their choice. The content-moderation
> restrictions of SB 7072 and HB 20 take away that freedom. On that basis alone,
> they can and should be held unconstitutional.

This brief brings together nearly two decades of my thinking about Internet
platforms, and while I’m sorry that it has been necessary to get involved in
this litigation, I’m heartened at the breadth and depth of scholars who have
joined together to make sure that users are heard. On a day when it felt like
everyone was criticizing universities over their positions on free speech, it
was good to be able to use my position at a university to take a public stand on
behalf of free speech against one of its biggest threats: censorious state
governments.

December 7, 2023


JUST SHORTHAND FOR YOUNG WOMEN

> It’s allowed a bunch of conservatives to rant in all kinds of insane ways
> about the degeneracy of “Gen Z,” which is just shorthand for “young women,”
> the same way the word “woke” is just shorthand for “minorities”.

— Ryan Broderick

November 21, 2023

   
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