On April 18, 2023, the National Association of Attorneys General (NAAG) held its annual Attorneys General Symposium in Philadelphia, Pennsylvania. State AGs, AG office staff, and private sector attendees gathered to listen to panelists and discuss the most pressing issues of the time, including the most relevant issues for business, such as algorithms and organized retail crime (ORC). We discussed the issue. Here are some key takeaways from these two business-critical panels:
Algorithm regulation: how and why
Colorado Chief Acting AG Natalie Hanlon Leh said this panel featuring New Jersey’s Chief Innovation Officer, Senior Advisor to Algorithmic Justice for the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA), and Director of the Warren Center for Network and Data Sciences acted as moderator. .
Panelists began by discussing the basics of algorithms, the ethical issues raised by algorithms, and how (and already are) using algorithms by government agencies. The panelists did not believe that algorithms’ use of past data could trap us in the past or that AI could influence the data used by algorithms, but system operators could I warned you that you should pay attention to the data that is What coders call a “garbage in, garbage out” scenario.
The panel also considered whether generative AI is implicated in the Communications Decency Act governing social media platforms, cited the FTC’s recently issued warning on the use of AI, and discussed the EU’s AI law. Companies that use AI in any way are advised to familiarize themselves with federal policy-making efforts, including the AG’s comments on the NTIA’s request for comment on its AI accountability policy.
One AG asked what the AG should do, what it would ask the state legislature to do, and if there were any “rogue AI companies” the AG should track to signal the industry. The Commission’s view was that regulators should exercise caution unless and until there is a clearer definition of “fairness” or “privacy.” Because without such a definition, there is no way to measure how fair a technology is, or how much privacy it offers. The panel suggested that the AG should continue to expand its expertise in technology in general and enable teams to use resources available to public employees, such as New Jersey’s Innovation Skills Accelerator program and Innovate (US). . Companies are also encouraged to educate both leaders and staff about the inner workings of AI and its benefits and risks.
Organized retail crime joint session with Attorney General Alliance
Kwame Raoul of Illinois AG moderated a session with panelists from the US Department of Homeland Security’s Homeland Security Research Division, the National Retail Federation (NRF), and the Georgia AG office.
The panel discussion began by explaining the difference between ORC and shoplifting and current efforts to combat ORC, with panelists emphasizing the importance of public-private partnerships. The panel cited his recent NRF report on ORC. Panelists also discussed legal responses to ORC, including the INFORM Consumer Act, which companies in the online marketplace space will need to comply with from June 27, 2023, and the recently introduced Combatting ORC Act.
A key takeaway from the panel was that by highlighting the difference between ORC and shoplifting in their messages, businesses and government agencies alike can raise the profile of ORC issues. Finally, the panelists emphasized the importance of retailers working with loss prevention professionals to step up their efforts to combat ORC.
