Position: Strong Consumer Protection is an Inalienable Defense for AI Safety in the United States

Serena Booth

TL;DR: This paper argues that strong enforcement and development of consumer protection laws can support AI safety.

Abstract: Consumer protection laws are designed to protect consumers from unethical business practices. In this position paper, I argue that these laws serve an emergent dual purpose: if appropriately enforced and strengthened, consumer protection laws can serve as an inalienable defense for AI safety. These laws are well established and can be enforced and strengthened to incentivize businesses to design and deploy safer AI systems. This position runs counter to two prevailing trends in AI policy. The first alternative position is that AI safety requires an entirely new set of focused laws to protect humanity's prosperity. Though I find these efforts valuable, I argue that such focused laws are both hard to write and easy to skirt. The second alternative position is that consumer protection is nothing more than red tape; I argue that existing laws dating back many decades have already reigned in some nefarious business practices related to the development and deployment of AI, and that the litigious society of the United States is well-positioned to use consumer protection laws to encourage new AI safety guardrails. This paper takes a tour of some existing consumer protection laws in the United States and their effects on the development and use of AI systems. This paper also calls to enforce and preserve these laws in a rapidly changing, de-regulatory political landscape.

Lay Summary: Consumer protection laws are designed to protect consumers from unethical business practices. In this position paper, I argue that these laws serve an emergent dual purpose: if appropriately enforced and strengthened, consumer protection laws can serve as an inalienable defense for AI safety. These laws are well established and can be enforced and strengthened to incentivize businesses to design and deploy safer AI systems. This position runs counter to two prevailing trends in AI policy. The first alternative position is that AI safety requires an entirely new set of focused laws to protect humanity's prosperity. Though I find these efforts valuable, I argue that such focused laws are both hard to write and easy to skirt. The second alternative position is that consumer protection is nothing more than red tape; I argue that existing laws dating back many decades have already reigned in some nefarious business practices related to the development and deployment of AI, and that the litigious society of the United States is well-positioned to use consumer protection laws to encourage new AI safety guardrails. This paper takes a tour of some existing consumer protection laws in the United States and their effects on the development and use of AI systems. This paper also calls to enforce and preserve these laws in a rapidly changing, de-regulatory political landscape.

Primary Area: System Risks, Safety, and Government Policy

Keywords: consumer protection, AI safety, AI policy

Submission Number: 82