California’s Imperfect but Necessary Attempts to Regulate A.I.

While the state’s new laws on bots and deepfakes have their flaws, they represent a vital first step to curbing dangerous new technology

Credit: Alexandra Robinson/Getty Images

Co-authored by Madeline Lamo

There are real risks to regulating artificial intelligence. A.I. is everywhere, making it difficult to identify distinct characteristics that would require different treatment in the eyes of the law. Its outputs often implicate free speech. But one state has nonetheless rushed in. California, through a series of recent legislative efforts, has demonstrated its willingness to take on the challenge of regulating certain specific applications of A.I. These efforts have been perilous and imperfect. But the alternative — forgoing the opportunity to channel a transformative technology of our time — could be worse.

We have written before about California’s recent bot disclosure law. Aimed at preventing the spread of false information online, the 2018 law requires automated political and commercial accounts on social media to clearly disclose that they are bots. The law raises free speech concerns, in part by creating a scaffolding for censorship. The legislation does not necessarily address the unique harms bots can cause. Because bots…