Digital Marketers Contemplating the use of AI Should Prepare for Regulations

Since ChatGPT went viral a year ago, the development of AI has surged dramatically. What started out as little more than an online novelty act now holds considerable promise for the digital marketing community, many members of which are eager to embrace the technology to field both inbound and outbound customer service and sales calls, along with SMS and text chats.

Like many innovations of the past few decades, the technology has developed much more quickly than whatever current regulations can be said to apply to it. However, if a recent Senate forum with AI industry stakeholdders is any indication, at some point in the not-too-distant future, the burgeoning technology will be subject to federal regulation.

The Senate AI Insight Forum

On September 13, 2023, the U.S. Senate held the first of nine scheduled invite-only private forums attended by government officials, corporate CEOs, academics, and other stakeholders to discuss and share their thoughts and insights on whether regulations were required to effectively control AI technology.

The discussion ranged from the dangers of open-sourcing large-language models to the potential impact of AI on elections. This meeting was the first of nine scheduled forums.

Senate Majority Leader Chuck Schumer, who established the series of discussions, asserted that the purpose of the forum is “building a foundation for bipartisan AI policy that Congress can pass.” Schumer noted that every single attendee raised their hand in agreement when asked whether government oversight over AI was necessary, despite their varied perspectives, and called on Congress to draft legislation that allows for the emergence of “transformative innovation” driven by AI, including “systems to unlock new cures, improve education, protect national security, protect the global food supply.”

Elon Musk, representing Tesla and X, emphasized during a forum break that having a "referee" overseeing the technology is essential. He added that the discussion was remarkably cordial and included some of the globe's brightest mind, remarking that the gathering might be historically significant for the fate of civilization.

Meta's Mark Zuckerberg, Microsoft founder Bill Gates, and Google's Sundar Pichai were also present at the meeting, along with over two dozen other CEOs and industry leaders, who were invited to provide senators with practical guidance on how AI could be effectively regulated to enhance corporate transparency while at the same time maintaining the country’s competitive advantage over China and other nations.

The topics covered during the inaugural AI Insight Forum included:

• The Pros and Cons of Open-Source AI Models: While the open-source architecture of AI models like ChatGPT fosters technological progress and economic growth, some lawmakers and experts fear the open-source framework is simply too risky, as it enables relatively unsophisticated actors to exploit powerful AI models.
• AI’s Potential to Revolutionize Health Care: Based on Senator Schumer’s comment regarding the ability of AI to help researchers “unlock new cures,” it is likely that the assembled experts and lawmakers discussed the potential for AI to catalyze drug discovery, among other topics.
• AI and Elections: With the 2024 election approaching, many lawmakers have expressed concern over the potential for AI-generated deepfakes to potentially sway election results.
• AI-Driven Workforce Disruptions: Many fear that AI-driven automation may eliminate millions of currently existing jobs over the next few decades.
• Choice of AI Regulator: Some lawmakers called for the establishment of an “independent oversight body” tasked with carrying out comprehensive AI regulation, while others such as FTC Chair Lina Khan, argued that existing agencies possess the competency and experience to regulate AI.

Should such an agency be established, it would doubtless play a crucial role in ensuring that AI-driven marketing strategies, especially in lead generation, meet ethical standards and are transparent in their operations.

Complex and Challenging Implementations on AI

Regulations governing world-changing technologies can often be too vague or broad to be applicable. This can make them difficult to implement and enforce across different jurisdictions. This is particularly true when accounting for the lack of clear understanding of what the future of AI development will look like when everyday a new invention is being made.

Will New Regulations Stifle AI Innovation and Progress?

In the absence of existing regulations that specifically address AI, there is genuine concern that hastily enacted regulations might impede the rapid progression and innovation within the AI sector.

For example, restricting companies from conducting experimental trials and iterative learning for their products and services could potentially diminish their competitive edge in the market. While certain AI technologies raise legitimate concerns, overly restrictive regulations could inadvertently hinder progress in critical areas, including potential medical breakthroughs that could benefit humanity at large.

Furthermore, the reluctance of several nations to institute stringent AI regulatory measures may be attributed to economic considerations. There appears to be an underlying intent to cultivate an environment within their respective territories that is conducive to the emergence of prominent entrepreneurs and innovators.

Potential for Overregulation and Historical Precedents

Drawing parallels to the Telephone Consumer Protection Act (TCPA) of 1991, we recognize the pitfalls of regulatory measures that may not adequately evolve with technological advancements.

The TCPA, for instance, grappled with ambiguities, particularly in its definitions, such as those concerning Automatic Telephone Dialing Systems (ATDS), and its implementing regulations are therefore confusing at best. Given that these regulations were enacted prior to the proliferation of the Internet and smartphones, they generally failed to address the nuances of emerging communications technologies.

Similarly, AI, as a swiftly progressing domain, is poised to undergo numerous transformations. With the anticipated advancements in AI technologies, it is imperative for regulatory frameworks to be both precise and adaptive. The government, cognizant of the challenges posed by premature or vaguely defined regulations, understands the necessity for agility and flexibility in addressing the dynamic landscape of AI.

Implications for Digital Marketers and Lead Generation:

1. Transparency in AI-Powered Campaigns: Regulations will likely mandate clearer disclosures on how AI algorithms target and engage potential leads, ensuring consumers understand the “why” behind marketing messages.
2. Ethical Lead Generation: With AI at the helm, there’s potential for bias and misuse. Regulations will push digital marketers to adopt AI tools that prioritize fairness and inclusivity.
3. Innovative Compliance: While new rules might seem daunting, they present an opportunity. Marketers will be inspired to develop AI-driven strategies that are both innovative and compliant.
4. Staying Ahead of the Curve: The rapid evolution of the digital marketing landscape means that regulations may lag. It is up to marketers to anticipate changes and adapt their strategies proactively.

The AI Insights Forum is the first of many scheduled to be held. As AI continues to reshape the marketing landscape, staying informed, adaptable, and ethical will be the keys to successfully implementing AI in any digital marketing or lead generation strategy.

Conclusion

The integration of AI into the business realm has brought forth a myriad of opportunities, challenges, and ethical dilemmas. As we stand on the precipice of an AI-driven future, the necessity for comprehensive and adaptive regulations becomes paramount. The potential risks associated with AI, especially when manipulated by malicious actors, underscore the urgency of protective measures.

Historical precedents, such as the challenges faced in the Telephone Consumer Protection Act (TCPA) of 1991, serve as cautionary tales. They highlight the complexities of crafting regulations that remain relevant amidst rapid technological advancements. The TCPA's struggles with evolving phone technologies mirror the challenges we face today with AI. The swift progression of AI demands that regulatory frameworks be both precise and capable of evolving alongside the technology.

The proposed establishment of a dedicated federal agency for AI regulation, especially in sectors like digital marketing, is a testament to the gravity of the situation. Such an agency would not only ensure ethical AI deployment but also foster transparency in AI-driven strategies.

For digital marketers and lead generation professionals, the implications are clear. The future will demand a delicate balance between leveraging AI's potential and adhering to ethical and transparent practices. As AI continues its trajectory of reshaping various sectors, the key to success lies in staying informed, adaptable, and above all, ethical. The Capitol Hill forum serves as a clarion call, urging all stakeholders to navigate the AI revolution with foresight, responsibility, and a commitment to the greater good.