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NCL supports AI liability rule, recommends extending its reach

May 2, 2024

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – This week, NCL and six other consumer advocacy and public interest organizations submitted comments in support of a Federal Trade Commission proposal that would establish legal liability for AI developers who know (or have reason to know) that their AI is facilitating fraud.

The FTC’s proposed rule would enable the agency to crack down on scams that use deepfakes and voice cloning. It would also help to fill a glaring gap in its ability to hold impersonation frauds accountable, like romance and grandparent scams. This hole in the Commission’s capacity to return funds to victims of fraud is a direct result of the Supreme Court’s decision in the 2021 AMG Capital Management v. FTC case.

“While some AI developers implement safeguards to prevent the misuse of their products, many do not,” said NCL Public Policy Manager Eden Iscil. “The FTC’s initiative in this space should put companies on notice that they cannot put out unregulated AI tools and allow criminals to supercharge their frauds with them.”

Recent trends have shown the urgent need for the FTC to have strong enforcement options to combat impersonation fraud. NCL’s Top Ten Scams report for 2023 found significant consumer losses attributed romance and family-and-friend imposter fraud, with victim complaints showing median losses at $8,000 and $1,040, respectively. Generative AI, including text generation, voice cloning, and visual deepfakes, can enable these scams to be significantly more effective. The Federal Bureau of Investigation noted a 322% increase in sextortion reports between 2022 and 2023, attributing much of the increase to the proliferation of AI tools.

The Center for American Progress, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, the National Association of Consumer Advocates, the National Consumer Law Center, and NCL urged the Commission to clarify that the liability for AI developers in facilitating fraud should also apply to companies that provide scammers access to AI tools, even if the companies did not develop the AI themselves. The full comments can be found here.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.

NCL applauds President Biden’s landmark AI executive order 

October 31, 2023

Media contact: National Consumers League – Melody Merin, melodym@nclnet.org, 202-207-2831

Washington, DC – Yesterday, President Biden signed an executive order to establish the most comprehensive standards to date regarding artificial intelligence (AI). The following statement is attributable to National Consumers League (NCL) Chief Executive Officer Sally Greenberg:

“NCL applauds the Biden Administration for centering consumers and workers in its landmark executive order addressing AI. It is critical that the development of artificial intelligence aligns with our democratic values, preserves civil rights, and protects consumers’ health and safety as well as our privacy. Importantly, the Biden Administration has made clear that there is no exception for AI from the law as it continues to model how policymakers should tackle this issue. While the president’s order is a critical step forward, Congress must pass a robust bill to ensure lasting and comprehensive federal law governing AI.”

As part of the sweeping executive order, federal agencies are to provide clear guidance to landlords, federal benefits administrators, and federal contractors to ensure that AI does not discriminate against consumers and beneficiaries. The president also addressed the potential harms to workers from the use of AI in workplace surveillance, job displacement, union-busting, and discriminatory hiring practices.

NCL has been advocating for consumers and workers in our push for AI regulation, including requiring the labelling of AI-generated content to minimize deception to users.

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About the National Consumers League (NCL)

The National Consumers League, founded in 1899, is America’s pioneer consumer organization.  Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad.  For more information, visit nclnet.org.