Advance Notice Details:
Systems that use computer algorithms and other methods, including large language models or artificial intelligence (AI), fundamentally impact the lives of Rhode Islanders. Many new software products are being developed and marketed to consumers and businesses with promises to increase efficiency in health care, employment, housing, education, and other services that are offered to the public. Some of these programs make decisions about who can see the doctor, whether a drug is approved, who qualifies for housing or whether your application will be seen by an employer. In the past, many communities have been unfairly impacted when the bias of human-designed systems excluded them from opportunities or participation in health care, education, housing, and employment. The Attorney General is particularly concerned with the consequences of unwittingly allowing computers to discriminate against people in ways long-determined are intolerable.
A second concern is that consumers and businesses may be misled by sellers of these products about the product’s effectiveness. Research reflects that people credit decisions made by computers as more trustworthy than those made by humans. The risk of consumer confusion is therefore heightened in this area.
The Attorney General already monitors this sector and has and will use existing authority to enforce against unfair and deceptive trade practices in the marketing of software products containing algorithms and in new unfair and deceptive trade practices carried out through advanced technology in the sale and delivery of goods and services to the public.
The Attorney General is evaluating whether additional regulation in this area is necessary or beneficial.
Chapter 13.1 of Title 6 of the Rhode Island General Laws, the Deceptive Trade Practices Act (DTPA), was enacted in 1969 to protect all Rhode Islanders from deceptive or unfair business practices. A 2021 amendment made clear that the office of the Attorney General can investigate all violations of the statute. Section 6-13.1-7(c) of the Rhode Island General Laws tasks the Attorney General with promulgating rules and regulations to prevent unfair or deceptive acts or practices in the conduct of any trade or commerce. Specifically, the law delineates the power of the Attorney General to address violations of the DTPA:
To accomplish the objectives and to carry out the duties prescribed by this chapter, the attorney general, in addition to other powers conferred upon him or her by this chapter, may issue subpoenas to any person; administer an oath or affirmation to any person; conduct hearings in aid of any investigation or inquiry; and prescribe any forms and promulgate any rules and regulations that may be necessary, which rules and regulations shall have the force of law; provided that none of the powers conferred by this chapter shall be used for the purpose of compelling any natural person to furnish testimony or evidence that might tend to incriminate the person or subject him or her to a penalty or forfeiture; and provided further that information obtained pursuant to the powers conferred by this chapter shall not be made public or disclosed by the attorney general or his or her employees beyond the extent necessary for law enforcement purposes in the public interest.
Accordingly, the Attorney General is issuing this Advance Notice of Proposed Rulemaking to gather relevant information and input from the public, in advance of the possible promulgation of a proposed rule addressing deceptive trade practices related to the use of technologies that support or supplant human decision-making in ways that negatively impact Rhode Islanders’ rights, opportunities, or access to resources or services, including through the use of algorithms, software, predictive and generative AI, and other new and emerging technologies.
We invite comments on the need for such regulation, the risks of bias in computer-aided decision-making, and on strategies to mitigate those risks.
Specifically, the Attorney General is seeking comments regarding:
- The nature, prevalence, and examples of products incorporating these technologies that have, or have the potential to, negatively impact Rhode Islanders and Rhode Island businesses through deceptive practices or unfair methods of competition, including but not limited to products within the fields of health care, housing, employment and education;
- How, if at all, the Attorney General should regulate these products;
- If any regulations should specifically address the following topics: (1) Automated decision-making systems; (2) Discrimination based on protected categories (i.e., race, national origin, gender, sexual orientation, etc.); (3) Validating claims regarding use and efficacy of AI; (4) Purpose limitations; (5) De-biasing or bias mitigation policies; (6) Whether safe harbors can adequately protect people from risk of harm; (7) What types of review policies or other practices might adequately constitute safe harbors that are sufficiently protective;(8) Consumer consent; (9) How state regulation may interact with future federal regulation; (10) Notice, transparency, and disclosure; (11) Potential penalties or remedies if these products are regulated and those regulations, or other applicable laws, are violated; and (12) Other information regarding the impact of the proliferation of these new technologies on consumers, including supporting material and references.
0
Comment(s) Received*