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USA: CAIPD files complaint with FTC regarding OpenAI's privacy and cybersecurity practices

The Center for Artificial Intelligence and Digital Policy ('CAIDP') filed, on 30 March 2023, a complaint with the Federal Trade Commission ('FTC') urging an investigation on ChatGPT from OpenAI, L.L.C.. In particular, the complaint states that ChatGPT is biased, deceptive, and a risk to privacy and public safety, noting that, among other things, its outputs cannot be proven or replicated and no independent assessment was undertaken prior to deployment.

In addition, the complaint reminds the FTC that it has declared that the use of AI should be 'transparent, explainable, fair, and empirically sound while fostering accountability', and alleges that OpenAI's product, GPT4, satisfies none of these requirements. Furthermore, the complaint highlights that the full scope of privacy risks associated ChatGPT, are difficult to assess because neither a privacy agency nor the FTC has conducted an independent assessment. However, the complaint outlines concerns regarding ChatGPT's potential to be used to attempt to identify private individuals when augmented with outside data.

In light of the above, the complaint urges the FTC to initiate an investigation into OpenAI and alleges that the commercial release of its product violates:

  • §5 of the Federal Trade Commission Act ('the FTC Act');
  • the FTC's well-established guidance to businesses on the use and advertising of artificial intelligence ('AI') products;
  • emerging norms for the governance of AI that the U.S. Government has formally endorsed; and
  • the Universal Guidelines for Artificial Intelligence that leading experts and scientific societies have recommended.

You can download the complaint here.

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