For over a cenÂtuÂry, the U.S. FedÂerÂal Trade ComÂmisÂsion has takÂen action against comÂpaÂnies that exploit conÂsumers through fraudÂuÂlent practices.
The FTC has fined retailÂers that manipÂuÂlatÂed online reviews, made it easÂiÂer to canÂcel unwantÂed subÂscripÂtion serÂvices, and blocked decepÂtive ads. On MonÂday, Michael AttleÂson, head of the FTCâs adverÂtisÂing diviÂsion, warned that emergÂing genÂerÂaÂtive AI techÂnoloÂgies like ChatÂGÂPT and DallâE 2 could be weaponized to vioÂlate the unfair pracÂtices proÂhibÂitÂed by FTC law.
âFTC polÂiÂcy holds that an act is unfair if it causÂes or is likeÂly to cause subÂstanÂtial injury to conÂsumers that canÂnot reaÂsonÂably be avoidÂed and is not outÂweighed by counÂterÂvailÂing benÂeÂfits to conÂsumers or comÂpeÂtiÂtion,â AttleÂson said.
New AI chatÂbots like Bing, Bard and ChatÂGÂPT can manipÂuÂlate usersâ âbeliefs, emoÂtions and behavÂiors,â AttleÂson notÂed. These sysÂtems are already being deployed as sales negoÂtiaÂtors and therÂaÂpy bots withÂin WalÂmartâs supÂply chain, with the express goal of influÂencÂing othÂers. There is also âautomaÂtion bias,â where peoÂple trust AI sysÂtems and see them as underÂstandÂing allies. âPeoÂple may think theyâre conÂfidÂing in someÂone who comÂpreÂhends them and has their back,â AttleÂson said.
AttleÂson acknowlÂedged that the issues surÂroundÂing genÂerÂaÂtive AI extend beyond the FTCâs manÂdate, but pledged that the comÂmisÂsion would not tolÂerÂate deceitÂful comÂpaÂnies exploitÂing these techÂnoloÂgies to take advanÂtage of conÂsumers. âFirms explorÂing novÂel uses of genÂerÂaÂtive AI, such as perÂsonÂalÂizÂing ads for speÂcifÂic indiÂvidÂuÂals or groups, will likeÂly engage in unfair and harmÂful conÂduct like finanÂcial offers, in-app purÂchasÂes, and attempts to unsubÂscribe users,â FTC attorÂneys warned.
The FTCâs rules also govÂern how ads are placed withÂin AI appliÂcaÂtions, unlike Googleâs inserÂtion of ads in search results. âPeoÂple should know if AI prodÂuct responsÂes are directÂing them to webÂsites, serÂvice providers or prodÂucts for comÂmerÂcial purÂposÂes,â AttleÂson statÂed. âAnd peoÂple must cerÂtainÂly realÂize if theyâre conÂversÂing with a human or a machine.â
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