Legislating the Future—Safeguarding Creativity in the Age of AI | Opinion

Former U.K. Prime Minister Winston Churchill, in his eulogy for fellow PM Neville Chamberlain, captured the essence of our uncertainty toward the future, a feeling that resonates in today's discussions around artificial intelligence (AI). Churchill said, "It is not given to human beings—happily for them, for otherwise, life would be intolerable—to foresee or to predict to any large extent the unfolding course of events." His words are particularly relevant as we navigate the complexities and potential of AI.

No one knows for sure whether AI will save or destroy us, but there are thoughtful people on both sides of the aisle: AI Caucus members, Democratic Representative Don Beyer (D-Va.) and Republican Representative Marc Molinaro (R-N.Y.), Democratic Colorado Senator Michael Bennet, academics like Brittan Heller, and AI pioneers like Louis Rosenberg, who are doing their best to make sure we live another day.

Contrary to a few stray voices online, the bills that are starting to make their way through Congress do not have any explicit language around making memes illegal. There are a number of proposals being discussed that would likely result in more transparency of source or attribution of provenance, but that won't necessarily prevent the creation of memes.

Artificial Intelligence (AI) has been called both a savior of humanity and the dark force that will destroy us all, but the truth is, no one knows how this technological revolution will play out. And anyone who calls themselves an expert on AI is just as baffled as the rest of us about the future of humans and the planet.

AI has been used successfully and with positive outcomes in sectors like health care for years. Some of the innovations at CES this year were around AI-driven health care, showing great promise in alleviating the burden of the dearth of physicians, from a device that measures your heart rate, pulse, and blood pressure to wearable medical devices that have evolved far beyond mere fitness tracking, with advanced functionalities such as continuous glucose monitoring, electrocardiogram (ECG) monitoring, and stress management solutions. Rather than replacing doctors, AI can be an indispensable helper, allowing medical professionals to spend more time with patients rather than less.

AI also has the potential to check code, unlock secrets from ancient Rome, automate administrative tasks, and improve educational outcomes through a personalized AI tutor who can customize learning based on a student's pace. AI can even be a tool in fighting against climate change and protecting wildlife. It can predict environmental changes, help reduce waste, and make energy use more efficient. AI, despite the risks with regard to creativity, can be used to complement an artist's work, not replace it. Far from replacing human creativity, AI has the potential to amplify it, opening up new avenues for expression and innovation.

But with innovation comes the necessity of regulation. AI left unchecked, can have serious negative consequences on humanity. Used irresponsibly, this technology can wipe out entire industries with the push of a button. And that almost happened last year during the 148-day Hollywood actors and writers' strikes, where the greed of some of the major studios loomed over the heads of artists whose livelihoods were being threatened by their cruel, ignorant, and arrogant behavior.

Hands on keyboard
Hands on a keyboard are seen. Emanuele Cremaschi/Getty Images

So, what happened anyway? Last summer, Hollywood's creative community found itself at a pivotal juncture, navigating the complexities of AI and its burgeoning role in the entertainment industry. The strikes by writers and actors, a historic occurrence not seen since 1960, brought to the fore a pressing debate on how AI technologies intersect with the rights, compensations, and creative freedoms of those who fuel the world of entertainment. This moment underscored a critical need for legislative clarity and safeguards in an era increasingly dominated by digital innovation.

The essence of the dispute lay in the dual concerns of equitable compensation and the ethical use of AI in replicating human creativity. At its heart, the fight revolved around ensuring that as studios and platforms leverage AI for their own efficiency and innovation, the creators—actors, writers, and directors—remain protected and fairly compensated. The resolution, a contract promising over $1 billion in benefits, marked a significant step toward acknowledging these concerns. However, it also highlighted the broader implications for AI's role across various creative domains​​​​.

AI's capacity to generate content, mimic human performances, and even create new forms of art does raise profound questions about originality, authorship, and copyright in the digital age. While AI can undoubtedly enhance creativity, offering tools that push the boundaries of what's possible, it also risks undermining the value of human creativity and the economic structures that support it. The Hollywood strike and its ensuing negotiations reveal just a sliver of the challenges and opportunities that lie ahead and not just in the creative sector.

As policymakers and industry leaders navigate these waters, the imperative for comprehensive legislation is crucial to the humane use of AI. Such laws must not only protect the rights of creators, but also encourage the responsible development and deployment of AI technologies. They should strike a balance where innovation thrives but not at the expense of those who contribute their creative talents.

The resolution of the Hollywood strike can serve as a blueprint for future engagements between creatives and the technological forces shaping those industries. It also serves as a reminder that as AI becomes an integral part of the creative landscape, the need for dialogue, negotiation, and most importantly, adaptation to new paradigms of creation and compensation cannot be overlooked.

No one will emerge unscathed if we do not have guardrails in place to protect us from bad actors (not the creative kind). That's why there is so much bipartisan goodwill (one of the few areas without a lot of drama) where Republicans and Democrats at both the federal and state levels are advocating for legislation that creates safeguards for all of us.

Perhaps Churchill was right: The uncertainty of what lies ahead, good or bad, may just be the thing that keeps us hopeful about the future.

Stacy Whittle is an AI speaker, Virtual World Society advisory board member, and advisory board chair of the Conrad Foundation.

The views expressed in this article are the writer's own.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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Stacy Whittle


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