EU proposing to regulate the use of Bayesian estimation
statmodeling.stat.columbia.edu
statmodeling.stat.columbia.edu
The following artificial intelligence practices shall be prohibited:
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm; (b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following: (i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected; (ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
(d) the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement, unless and in as far as such use is strictly necessary for one of the following objectives: (i) the targeted search for specific potential victims of crime, including missing children; (ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack; (iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State.
Sounds good to me.
> psychological harm
Are they going to go into a codebase and figure this out? If I use AI to pull these levers vs using a series of if/else statements:
if person.has_bought_multiple_items
increase_base_price(person)
that's legal I guess?There is too much vagueness in those definitions but the authors should pause to think about what else is regulating the ethics of using ML or even just basic statistical modeling to public service.
What if your car insurance was more expensive because your last name was associated with an ethnicity that happens to have more car accidents than others?
What if your sentence at a public trial was determined by an algorithm that did the same?
Those things we wouldn't consider as fair, and we know that the blind application of ML to socially meaningful tasks leads exactly to these kinds of problems. I'm not sure what the author's better solution is, they just seen to be flailing about...
If the ML community can't get its shit together and address fairness and ethics generally as diligently as they do precision and recall, I'm afraid that poorly-written regulations will be coming their way with a ton of popular support behind them. Misguided as experts might think that those regulations are, they're the ones playing with fire in the first place.
But why is it fair to charge men more than women? AFAIK car insurance is more expensive for men
Back to the point of regulation, the fact that we're able to have a conversation about the factors that are/aren't allowed to be taken into account relies on the pricing model being relatively transparent about its inputs. Unrestricted machine learning leads to better predictions but often at the expense of transparency about what exactly is going on. If you feed first and last names into a model for example, it might learn things that correlate very closely with ethnicity
- The EU is regulating the use of AI
- One use of Bayesian estimation is in AI
- Therefore, the EU is regulating the use of Bayesian estimation
Pappy Aristotle: >facepalm<
Can anyone shed light?
There are some fairly minor externalities in some of those companies products that we could look at regulating but by and large, it's not existentially problematic.
The 'scary' parts of AI probably haven't come to pass just yet, and I think it might have more to do with privacy than 'biased algorithms'.
Alongside this legislation, the EU should also be trying to figure out why it's using all of those American products instead of having champions of it's own because that's probably a bigger issue in the end.
Typical example: "The thought police have finally come to stop us from updating our beliefs…". Is this idiocy/jingoism a columbia.edu thing or is it isolated to their statistics department?
The meat of the the proposal starts at page 43 (https://ec.europa.eu/newsroom/dae/document.cfm?doc_id=75788), which begins with:
The following artificial intelligence practices shall be prohibited: (a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour in a manner that causes or is likely to cause that person or another person physical or psychological harm;
(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
So, yes, the EU is proposing regulating the use of e.g. bayesian estimation in implementing these practices.
As for this law, it is going to be heavily criticised and this rather polite post from Gellman is just the beginning. Even the quoted part in the top voted comment is absurd. What exactly are these "subliminal techniques" that need regulating? How do they work? There are no AI papers I recall that discuss how to build a mind controlling AI, let alone one that's designed to cause people psychological harm. Does the EU really believe in this stuff? I thought government belief in subliminal messaging and mind control disappeared with the CIA's LSD experiments decades ago.
https://www.pnas.org/content/111/24/8788.full
"Experimental evidence of massive-scale emotional contagion through social networks"
"Core Data Science Team, Facebook, Inc., Menlo Park, CA 94025; and Departments of Communication and Information Science, Cornell University, Ithaca, NY 14853"
Also, even if you consider the experiment unethical, it boosted as many people's exposure to positive emotions as to negative, so it's hard to claim that this is an attempt to create psychological harm. Any law that outlawed this would presumably outlaw all of psychology. And finally, it's a psych study. Is it right? Would it replicate? Who knows, by design it's not replicable. It would be bad policymaking to impose draconian laws on an entire continent based on a single questionable psych study that doesn't even have much to do with AI in the first place.
Doesn’t this generally describe all contemporary forms of advertisement? Or, for any given advertisement, how would you demonstrate it is out of scope of this qualifier?
> in a manner that causes or is likely to cause that person or another person physical or psychological harm
Physical is pretty obvious but psychological harm seems slippery.
Not saying I’m against the idea, but this language seems like it needs a little work.
It'd probably be possible for well-funded organizations to use automated data collection and clandestine communication methods to collect detailed profile information about people and then disseminate it in a way that attempts to make people fall in line with some particular ideology; or simply to harass people (wasting their time, which eventually amounts to a form of attack).
Unlikely though that might seem, if such things are becoming technically feasible, then it seems worthwhile to put safety regulations in place to prevent them from taking too much hold.
Enough automation of such systems could make it very difficult for individuals -- perhaps entire groups -- to backtrack out of whatever mindset the systems are leading them towards. Let's try to avoid those kind of outcomes.
I guess if one is told (clearly) that "this is an ad" then it's probably fine?
The wording is far, far too broad in scope and is guaranteed to cause major headaches for everyone as it spends decades in the courts being refined to the point of reaching some degree of clarity.
There's some interesting impetus here, but this one needs a lot of work - it might be worthwhile to focus in more on specific areas, such as ads themselves, or registration data collection wherein clarity might be more easy to achieve.
A few companies do already have access to plenty of data that they could use to calculate these kind of reports.
Isn't this just language to make the law more explicit?
A (control): rate of purchases of the item WITHOUT the ad present.
B (experiment): rate of purchases of the item WITH the ad present.
If A and B differ significantly then by definition the ad manipulates purchasers. And we all know companies track exactly these metrics, ripe for subpoena.(Separate question is whether this practice is bad for consumers; I'd argue "not all ads are bad" and "no ads is never bad" so to minimize harm, we should adopt "ads are bad until proven otherwise.")
And that's before you even get into the question of "what is an ad?" and "are all ads bad?" (which you mention) Because promo videos for things such as video games are common, but I wouldn't call them ads (per se). Are music singles ads for the whole album? Historically, music videos were called "promo videos" because their intent was: "we air this on MTV or the FM radio so that people will buy the album." Am I being advertised to there? Maybe? But what if I end up finding a new band I like?
You can't define this cleanly.
"I believe they won't do B unless I do A, so I do A."
"I believe they won't do B unless I do A" on its own is harmless—there's no action."I do A" on its own is unintentional. Does anyone really act without intent?
Legal systems have (imperfect) ways to ascertain intent (AKA premeditation), causality, and harm, so they can deal with the concept of manipulation.
Not that that means it's necessarily a bad approach, just never heard of marketing being limited by its effectiveness. Similar to having to put those gross pictures on cigarette packages now.
I'm really just suggesting we flip the burden of proof from harmed consumers to advertising companies.
It causes people psychological harm and uses AI.
I guess you could argue that it is abusing some peoples lower intelligence when it suggests relevant groups for them, but that is probably a stretch.
https://www.nytimes.com/2014/06/30/technology/facebook-tinke...
Algorithms maximizing engagement probably then grow to manipulate emotional state as a proxy variable. Even if they weren't aimed to.
From there, if an optimal emotional state happens to be "An impending sense of doom, terror of the pervasiveness of crime in my country" other "doom scrolling" etc, the algorithm could we'll be providing psychological harm.
(No idea if this actually applies to this doc, as it's language and aims may be technical)
"(a) Machine learning approaches, including supervised, unsupervised and reinforcement learning, using a wide variety of methods including deep learning;
(b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems;
(c) Statistical approaches, Bayesian estimation, search and optimization methods."
I find this (machine learning, logic/knowledge, statistics) to be pretty a pretty good definition of what they're after. The fact that very specific things are also mentioned does not seem like a red flag to me - it's the way laws are written, with examples, to give guidance to courts.
I think that the hot take machines that are twitter/online communities have a certain amount of mindrot where poorly researched topics make headline news concerns me (which tbf is in itself a hot take I suppose).
(c) the placing on the market, putting into service or use of AI systems by public authorities or on their behalf for the evaluation or classification of the trustworthiness of natural persons over a certain period of time based on their social behaviour or known or predicted personal or personality characteristics, with the social score leading to either or both of the following: (i) detrimental or unfavourable treatment of certain natural persons or whole groups thereof in social contexts which are unrelated to the contexts in which the data was originally generated or collected; (ii) detrimental or unfavourable treatment of certain natural persons or whole groups thereof that is unjustified or disproportionate to their social behaviour or its gravity;
Consider, for example, a supermarket chain that uses Bayesian inference to determine which products in which stores are theft-prone and need to be locked up. I think there's a strong argument to be made that violates (c)(ii).
In this case, you can still buy an item when the box is locked, but the same thing could lead to stores in some neighborhoods not carrying commonly stolen items at all.
I'm not going to guarantee that it wouldn't fall against something else.
A supermarket chain is not a public authority. This prevents governments from creating systems to evaluate the trustworthiness of people, not private businesses.
A few, like the entire ad industry, Google and Facebook? :)
Devil is in the detail though. The GDPR is practically a dead letter with thousands of complaints and infringements and hardly any substantive action.
[1] https://digital-strategy.ec.europa.eu/en/library/proposal-re...
OPs reasoning is that when government tries to regulate complex things that it doesn't understand the result usually is something useless like GDPR.
There's no reason to presume that the use of AI in firms is too complex to be legislated. Basically I'd hope it turns out to have both a ex ante compliance aspect (a firm needs to document X, Y and prove and register Z) and ex post aspect (individuals can sue and judges can assign damages for failing to comply). The OP has a knee-jerk reaction to a list of techniques that might lead to discriminatory practices.
GDPR isn't a bad law in my book. Cookie walls are both cargo cults and a function of disfunctional tracking practices in the market. Lack of enforcement is key in not recognising the value of the law. If compliance with GDPR would be a board level concern we'd be on another internet/ in another world by now.
That's the point, vast majority of people do not care about the issue GDPR tries to solve, and legislators do not understand enough to create legislation that would work, which makes their efforts useless at best, and usually harmful.
It would have been better to leave the issue alone until enough cases would have been accumulated from people trying to sue companies based on concrete cases.
Eu tried to regulate advertising and it failed spectaculary, leading to nothing but extra annoying pop-ups (Source: Worked for an online advertising company, I know how much we tracked despite those annoying popup banners)
EU doesn't understand that regulation != solving the problem. When the actual law is written down, there will be enough corporate sponsored loopholes that will simply make it harder for startups and new upstarts to displace the incumbents.
I won’t argue about the merits of each of the above cases you’ve cited (Berlin rents & GDPR), as I think they’re quite complex conversations to have and they could both take hours.
As it relates to the linked article, “AI” will continue to have an impact on our lives, more so than it does today. Whether or not this legislation is good or not, doesn’t preclude the idea that this space will require guards to ensure that citizens are being treated fairly.
Black boxes are not a good way to run a free and fair society, and any being introduced should be met with deep care and skepticism.
Whether the EU will do a “good” law on this is yet to be seen, but frankly I’d much rather it get looked into during the relatively nascent stages, rather than letting these systems loose on everything and then cleaning up the mess afterwards.
The draft law says any logic or knowledge based systems - This could mean anything from an if-else switch to a neural network.
If waiting till black box AI creates a mess and cleaning it up later is immoral, than so is prematurely killing something before you even get to know what it is.
Regulation has to be clear, simple and easy to understand. This proposal is none of the above. Given the loopholes that Berlin govt. introduced in the law (which btw, got through as it was deemed unconstitutional), even after playing a long, big PR campaign, about combating housing issues, I have no doubts that any such law regulating "AI" will turn into a similar sham.
Well, this is a post about Bayesian inference, so technically pointing out bad regulation should cause people to update their beliefs by adjusting the prior probability that any new piece of regulation will be bad. Assuming people reason based on experience of course, which is reasonable.
What we have here is an unclear and highly controversial problem that many people would argue doesn't even exist at all (I don't see anyone in my own life who has been harmed by AI for example), a very vague and poorly worded regulation, which nonetheless has massive fines attached to it. That makes it pretty much a textbook example of bad regulation. And unfortunately this is the latest in a series of such anti-technology regulations from the EU, which doesn't seem to be learning how to write higher quality regulation or how to judge proportionality.
The man on the clapham omnibus might not care about these laws, but if that was the standard for every bit of legislation, we’d have a very different set of laws in our respective nations.
>Carrying regularly requires a "justified reason" or a "legitimate purpose"
That was kind of the point OP was making right? Only certain uses of knives are prohibited.