![]() ![]() Like many computer applications, AI is a productivity tool that is useless without human guidance. As further evidence of the FTC’s intent, on July 13, 2023, a leaked Civil Investigative Demand (“CID”) sent by the FTC to OpenAI-the California-based company best known for its development of ChatGPT-shows the FTC is pursuing AI regulation under legal theories that exceed the agency’s statutory authority and would entail regulation of constitutionally protected speech. Your public comments, as well as comments made to this Committee by senior FTC staff, suggest the FTC intends to play a role in aggressively policing AI despite receiving no explicit statutory authorization to do so from Congress. I am writing to request information about the stance of the Federal Trade Commission (“FTC” or “Commission”) on the regulation of artificial intelligence (“AI”). The letter comes ahead of today’s Commerce subcommittee hearing on the “The Need for Transparency in Artificial Intelligence.” As Ranking Member Cruz’s letter explains, the AI model ChatGPT assisted in the drafting of his oversight inquiry. Senate Commerce Committee Ranking Member Ted Cruz (R-Texas) sent a letter to Federal Trade Commission (FTC) Chairwoman Lina Khan seeking answers regarding her plans to regulate artificial intelligence for “disinformation” and “bias.” The letter explains that the FTC’s review of large language models used to train AI, which comes without any explicit statutory congressional authorization, may also infringe on constitutionally-protected speech.
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