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OpenAI faces Canadian privacy probe alleging personal info harvesting

Canada's Head Privacy Commissioner is investigating the AI firm and watchdogs in Germany, France, Ireland and Spain could be mulling similar action.

OpenAI, the creators of artificial intelligence (AI) chatbot ChatGPT, is under investigation by Canada’s privacy commissioner for alleged collection and use of personal information without consent.

On April 4, The Office of the Privacy Commissioner of Canada (OPC) stated its investigation was brought about following a complaint from an unidentified person.

Head Privacy Commissioner Philippe Dufresne said his office is paying close attention to AI tech to ensure Canadian privacy rights are sufficiently protected:

“AI technology and its effects on privacy is a priority for my Office [...] We need to keep up with – and stay ahead of – fast-moving technological advances, and that is one of my key focus areas.”

No further comments were provided by the OPC and the Office made no mention of a limit on Canadians' access to ChatGPT.

Canada’s investigation comes as Germany, France, Ireland and Spain eye possible action on AI following a temporary block on ChatGPT in Italy.

On March 31, Italy’s data protection watchdog temporarily blocked the chatbot while it investigates an alleged data breach on the platform that took place on March 20.

The decision, however, raised the eyebrows of Italy’s deputy prime minister Matteo Salvini, who described the ban as “excessive” in an April 4 tweet.

Germany is considering following Italy’s lead too.

On April 3 Ulrich Kelber, federal commissioner for Data Protection and Freedom of Information told local outlet Handelsblatt that Germany may temporarily ban ChatGPT in the event that his commission probes whether the chatbot violates the European Union's General Data Protection Regulation (GDPR).

Privacy regulators in France and Ireland are also keeping an eye on Italy's investigation and have contacted Italy’s watchdog to inquire about the basis of its ban according to an April 4 Reuters report.

Spain told Reuters it won’t rule out a future investigation on ChatGPT, but said it hadn’t received a complaint about the chatbot.

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While the OPC’s investigation is most concerned with privacy, other entities have expressed issues of their own.

The Center for Artificial Intelligence and Digital Policy (CAIDP) filed a March 30 complaint with the United States Federal Trade Commission (FTC) in an attempt to halt the release of powerful AI systems to consumers.

CAIDP claims ChatGPT-4 violates Section 5 of the FTC Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.”

Tesla CEO Elon Musk and Apple co-founder Steve Wozniack were among the 12,800 signees of a March 22 petition which called for AI firms to “pause” progress on AI systems more powerful than GPT-4 because it may pose “profound risks to society and humanity.”

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‘Biased, deceptive’: Center for AI accuses ChatGPT creator of violating trade laws

The group believes GPT-4 violates Section 5 of the Federal Trade Commission Act, which prohibits “unfair or deceptive acts or practices in or affecting commerce.”

The Center for Artificial Intelligence and Digital Policy (CAIDP) has filed a complaint with the United States Federal Trade Commission (FTC) in an attempt to halt the release of powerful AI systems to consumers.

The complaint centered around OpenAI’s recently released large language model, GPT-4, which the CAIDP describes as “biased, deceptive, and a risk to privacy and public safety” in its March 30 complaint.

CAIDP, an independent non-profit research organization, argued that the commercial release of GPT-4 violates Section 5 of the FTC Act, which prohibits ''unfair or deceptive acts or practices in or affecting commerce.''

To back its case, the AI ethics organization pointed to contents in the GPT-4 System Card, which state:

“We found that the model has the potential to reinforce and reproduce specific biases and worldviews, including harmful stereotypical and demeaning associations for certain marginalized groups.”

In the same document, it stated: “AI systems will have even greater potential to reinforce entire ideologies, worldviews, truths and untruths, and to cement them or lock them in, foreclosing future contestation, reflection, and improvement.”

Complaint filed by the Centre for AI and Digital Policy against OpenAI. Source: CAIDP

CAIDP added that OpenAI released GPT-4 to the public for commercial use with full knowledge of these risks and that no independent assessment of GPT-4 was undertaken prior to its release.

As a result, the CAIDP wants the FTC to conduct an investigation into the products of OpenAI and other operators of powerful AI systems:

“It is time for the FTC to act [...] CAIDP urges the FTC to open an investigation into OpenAI, enjoin further commercial releases of GPT-4, and ensure the establishment of necessary guardrails to protect consumers, businesses, and the commercial marketplace.”

While ChatGPT-3 was released in November, the latest version, GPT-4 is considered to be ten times more intelligent. Upon its release on March 14, a study found that GPT-4 was able to pass the most rigorous U.S. high school and law exams within the top 90th percentile.

It can also detect smart contract vulnerabilities on Ethereum, among other things.

The complaint comes as Elon Musk, Apple’s Steve Wozniak, and a host of AI experts signed a petition to “pause” development on AI systems more powerful than GPT-4. 

CAIDP president Marc Rotenberg was among the other 2600 signers of the petition, which was introduced by the Future of Life Institute on March 22.

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The authors argued that “Advanced AI could represent a profound change in the history of life on Earth,” for better or for worse.

The United Nations Educational, Scientific and Cultural Organization (UNESCO) has also called on states to implement the UN’s “Recommendation on the Ethics of AI” framework.

In other news, a former AI researcher for Google recently alleged that Google’s AI chatbot, "Bard," has been trained using ChatGPT’s responses.

While the researcher has resigned over the incident, Google executives have denied the allegations put forth by their former colleague.

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