| > Add in the narrow exceptions like child porn and true threats, and that's it. You're contradicting yourself. On the one hand you're saying that governments shouldn't have the power to define "safety", but you're in favor of having protections against "true threats". How do you define "true threats"? Whatever definition you may have, surely something like it can be codified into law. The questions then are: how loose or strict the law should be, and how well it is defined in technical terms. Considering governments and legislators are shockingly tech illiterate, the best the technical community can do is offer assistance. > The government doesn't get to create new categories of "dangerous speech" just because the technology is new. This technology isn't just new. It is unlike any technology we've had before, with complex implications for the economy, communication, the labor market, and many other areas of human society. We haven't even begun to understand the ways in which it can be used or abused to harm people, let alone the long-term effects of it. The idea that governments should stay out of this, and allow corporations to push their products out into the world without any oversight, is dreadful. We know what happens when corporations are given free reign; it never ends well for humanity. I'm not one to trust governments either, but at the very least, they are (meant to) serve their citizens, and enforce certain safety standards that companies must comply with. We accept this in every other industry, yet you want them to stay out of tech and AI? To hell with that. Frankly, I'm not sure if this CA regulation is a good thing or not. Any AI law will surely need to be refined over time, as we learn more about the potential uses and harms of this technology. But we definitely need more regulation in the tech industry, not less, and the sooner, the better. |
Brandenburg gives us the standard: speech can only be restricted if it's directed to inciting imminent lawless action and is likely to produce that action. True threats, child porn, fraud, these are all narrow, well-defined categories that survived strict scrutiny. They don't support creating broad new regulatory authority to filter outputs based on "dangerous capabilities."
You're asking how I define true threats. I don't. The Supreme Court does. That's the point. We have a constitutional framework for unprotected speech. It's extremely limited. The government can't just expand it because they think AI is scary.
"This technology is different" is what every regulator says about every new technology. Print was different. Radio was different. The internet was different. The First Amendment applies regardless. If AI enables someone to commit a crime, prosecute the crime. You don't get to regulate the information itself.
And yes, I want the government to stay out of mandating content restrictions. Not because I trust corporations, but because I trust the government even less with the power to define what information is too dangerous to share. You say governments are meant to serve citizens. Tell that to every government that's used "safety" as justification for censorship.
The issue isn't whether we need any AI regulation. It's whether we want to establish that the government can force companies to implement filtering systems based on the state's assessment of what capabilities are dangerous. That's the precedent SB 53 creates. Once that infrastructure exists, it will be used for whatever the government decides needs "safety mitigations" next.