Tools & Platforms
How ChatGPT actually works (and why it’s been so game-changing)
Back in the day (and by “in the day,” I mean late 2022, before AI chatbots exploded on the scene), tools like Google and Wolfram Alpha interacted with users via a single-line text entry field and provided text results. Google returned search results — a list of web pages and articles that would (hopefully) provide information related to the search queries. Wolfram Alpha generally provided answers that were mathematical and data analysis-related.
ChatGPT, by contrast, provides a response based on the context and intent behind a user’s question. Google, of course, has changed up its response mode. It now provides AI-based responses before search results, and it’s likely to continue to do so. Wolfram Alpha, on the other hand, uses AI behind the scenes to help it with its calculations but does not provide AI-based answers.
Also: How to use ChatGPT: A beginner’s guide to the most popular AI chatbot
Fundamentally, Google’s searching power is its ability to do enormous database lookups and provide a series of matches. Wolfram Alpha’s power is its ability to parse data-related questions and perform calculations.
ChatGPT’s power (and that of almost any other AI chatbot, like Claude, Copilot, Perplexity, and Google Gemini) is the ability to parse queries and produce fully fleshed-out answers and results based on most of the world’s digitally accessible text-based information. Some chatbots have restrictions based on when they stopped scanning information, but most can now access the live Internet to factor current data into their answers.
In this article, we’ll see how ChatGPT can produce those fully fleshed-out answers using a technology called generative artificial intelligence. We’ll start by looking at the main phases of ChatGPT operation, then cover some core AI architecture components that make it all work.
The two main phases of ChatGPT operation
Let’s use Google Search (as distinguished from Google Gemini AI) as an analogy again. When you ask Google Search to look up something, you probably know that it doesn’t — at the moment you ask — go out and scour the entire web for answers. Instead, Google searches its database for pages that match that request. Google search has two main phases: the spidering and data-gathering phase, and the user interaction/lookup phase.
Also: The best AI chatbots: ChatGPT and other fun alternatives to try
Roughly speaking, ChatGPT and the other AI chatbots work the same way. The data-gathering phase is called pre-training, while the user responsiveness phase is known as inference. The magic behind generative AI and the reason it has exploded is that the way pre-training works has proven to be enormously scalable. That scalability has been made possible by recent innovations in affordable hardware technology and cloud computing.
How pre-training AI works
Generally speaking (because getting into specifics would take volumes), AIs pre-train using two principal approaches: supervised and non-supervised. Most AI projects until the current crop of generative AI systems like ChatGPT used the supervised approach.
Also: How to make ChatGPT provide sources and citations
Supervised pre-training is a process where a model is trained on a labeled dataset, where each input is associated with a corresponding output.
For example, an AI could be trained on a dataset of customer service conversations, where the user’s questions and complaints are labeled with the appropriate responses from the customer service representative. To train the AI, questions like, “How can I reset my password?” would be provided as user input, and answers like, “You can reset your password by visiting the account settings page on our website and following the prompts,” would be provided as output.
In a supervised training approach, the overall model is trained to learn a mapping function that can map inputs to outputs accurately. This process is often used in supervised learning tasks, such as classification, regression, and sequence labeling.
As you might imagine, there are limits to how this can scale. Human trainers would have to go pretty far in anticipating all the inputs and outputs. Training could take a very long time and be limited in subject matter expertise.
Also: My two favorite ChatGPT Plus features and the remarkable things I can do with them
But as we’ve come to realize, ChatGPT has very few limits in subject matter expertise. You can ask it to write a resume for the character Chief Miles O’Brien from Star Trek, have it explain quantum physics, write a piece of code, produce a short piece of fiction, and compare the governing styles of former presidents of the United States.
It would be impossible to anticipate all the questions that would ever be asked, so there is no way that ChatGPT could have been trained with a supervised model. Instead, ChatGPT uses non-supervised pre-training — and this is the game-changer.
Non-supervised pre-training is the process by which a model is trained on data where no specific output is associated with each input. Instead, the model is trained to learn the underlying structure and patterns in the input data without any task in mind. This process is often used in unsupervised learning tasks, such as clustering, anomaly detection, and dimensionality reduction. In language modeling, non-supervised pre-training can train a model to understand the syntax and semantics of natural language so the model can generate coherent and meaningful text in a conversational context.
Also: Is ChatGPT Plus really worth $20 when the free version offers so many premium features?
It’s here where ChatGPT’s apparently limitless knowledge becomes possible. Because the developers don’t need to know the outputs that come from the inputs, all they have to do is dump more and more information into the ChatGPT pre-training mechanism, which is called transformer-based language modeling.
Also: How AI companies are secretly collecting training data from the web (and why it matters)
It’s also here, in the dumping of data into the AI, that modern chatbot makers have started to find themselves in trouble. AI companies have been training their AIs on copyrighted information from other companies without permission. In fact, some publishers, like Ziff Davis (ZDNET’s parent company) and the New York Times, are suing OpenAI for copyright infringement. You’ve probably seen the disclaimer on ZDNET that says, “Disclosure: Ziff Davis, ZDNET’s parent company, filed an April 2025 lawsuit against OpenAI, alleging it infringed Ziff Davis copyrights in training and operating its AI systems.”
This universal training approach does make the chatbots more capable. But the side effect is they are taking traffic away from the companies and writers who wrote the original content. Expect this aspect of generative AI to be fought in the courts for years to come.
But this article is about technology, so let’s move on to a key technology that makes generative AI possible…
Transformer architecture
Transformer architecture is a type of neural network that is used for processing natural language data. A neural network simulates how a human brain works by processing information through layers of interconnected nodes. You can think of a neural network like a hockey team. Each player has a role, but they pass the puck back and forth among players with specific positions, all working together to score the goal.
The transformer architecture processes sequences of words by using “self-attention” to weigh the importance of different words in a sequence when making predictions. Self-attention is similar to how a reader might look back at a previous sentence or paragraph for the context needed to understand a new word in a book. The transformer looks at all the words in a sequence to understand the context and the relationships between them.
Also: How I used ChatGPT to quickly fix a critical plugin – without touching a line of code
The transformer is made up of several layers, each with multiple sub-layers. The two main sub-layers are the self-attention layer and the feedforward layer. The self-attention layer computes the importance of each word in the sequence, while the feedforward layer applies non-linear transformations to the input data. These layers help the transformer learn and understand the relationships between the words in a sequence.
During training, the transformer is given input data, such as a sentence, and is asked to make a prediction based on that input. The model is updated based on how well its prediction matches the actual output. Through this process, the transformer learns to understand the context and relationships between words in a sequence, making it a powerful tool for natural language processing tasks such as language translation and text generation.
One thing to remember is that there are issues around the potential for these models to generate harmful or biased content, as they may learn patterns and biases present in the training data. The companies implementing these models are trying to provide “guard rails,” but those guard rails may themselves cause issues. Those concerns are because different people have different perspectives. An attempt to prevent bias based on one school of thought may be claimed as bias by another school of thought. This situation makes the design of a universal chatbot difficult because society is complex.
Also: 7 advanced ChatGPT prompt-writing tips you need to know
Let’s discuss the data that gets fed into ChatGPT first, and then the user-interaction phase of ChatGPT and natural language.
ChatGPT’s training datasets
The dataset used to train ChatGPT is huge. ChatGPT is based on something called a large language model, or LLM. Let’s take a moment to clarify chatbot vs. LLM. A chatbot is essentially an app with a user interface. It takes in questions or prompts, feeds those to an LLM, and then retrieves the answers, formats them, and presents them to a user. Essentially, a chatbot is a UI shell. It’s the LLM that provides the AI capability itself.
LLMs come in a wide variety of names and versions. Right now, the main ChatGPT LLM is GPT-4o. When ChatGPT burst onto the scene back in early 2023, the LLM was GPT-3. There are some LLMs, like OpenAI’s o3, that spend more time reasoning, while others are better at interacting with human communication styles. Over time, the LLMs get better, and as a result, the chatbots themselves get more capable as well.
GPT is an acronym that covers three areas: it’s generative (G), meaning it generates results; it’s pre-trained (P), meaning it’s based on all the data it ingests; and it uses the transformer architecture (T), which weighs text inputs to understand context.
GPT-3 was trained on a dataset called WebText2, a library of over 45 terabytes of text data. When you can buy a 16-terabyte hard drive for under $300, a 45-terabyte corpus may not seem that large. But text takes up a lot less storage space than pictures or video.
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This massive amount of data allowed ChatGPT to learn patterns and relationships between words and phrases in natural language at an unprecedented scale, which is one of the reasons why it is so effective at generating coherent and contextually relevant responses to user queries.
While ChatGPT is based on the GPT architecture, it has been fine-tuned on multiple datasets and optimized for conversational use cases. This process allows it to provide a more personalized and engaging experience for users who interact with the technology via a chat interface.
For example, OpenAI (developers of ChatGPT) has released a dataset called Persona-Chat that is specifically designed for training conversational AI models like ChatGPT. This dataset consists of over 160,000 dialogues between two human participants, with each participant assigned a unique persona that describes their background, interests, and personality. This process allows ChatGPT to learn how to generate responses that are personalized to the specific context of the conversation.
- Cornell Movie Dialogs Corpus: A dataset containing conversations between characters in movie scripts. It includes over 200,000 conversational exchanges between more than 10,000 movie character pairs, covering diverse topics and genres.
- Ubuntu Dialogue Corpus: A collection of multi-turn dialogues between users seeking technical support and the Ubuntu community support team. It contains over one million dialogues, making it one of the largest publicly available datasets for research on dialog systems.
- DailyDialog: A collection of human-to-human dialogues on multiple topics, ranging from daily life conversations to discussions about social issues. Each dialogue in the dataset consists of several turns and is labeled with a set of emotion, sentiment, and topic information.
In addition to these datasets, ChatGPT was trained on lots of unstructured data found on the internet, including websites, books, and other text sources. This allowed ChatGPT to learn about the structure and patterns of language in a more general sense, which could then be fine-tuned for specific applications like dialogue management or sentiment analysis.
ChatGPT is a distinct model trained using a similar approach to the GPT series but with some differences in architecture and training data.
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Overall, the training data used to fine-tune ChatGPT is typically conversational and specifically curated to include dialogues between humans, allowing ChatGPT to learn how to generate natural and engaging responses in a conversational format.
Here’s how to think of ChatGPT’s unsupervised training: it was fed a lot of data and left to its own devices to find patterns and make sense of it all. This mechanism allowed the new generative AI systems to scale up so quickly.
While the pre-training process does the heavy lifting for ChatGPT’s generative AI, the technology also has to understand questions and construct answers from data. That part is done by the inference phase, which consists of natural language processing and dialogue management.
What about human involvement in pre-training?
Despite the inherent scalability of non-supervised pre-training, there is some evidence that human assistance may have been involved in the preparation of ChatGPT for public use.
The big reveal was in an article in TIME Magazine that discussed human “data labelers” earning between $1.32 and $2/hour in Kenya. According to the TIME report, it was the responsibility of these workers to scan horrifying and sexually explicit internet content to flag it for ChatGPT training.
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Another article, posted in Martechpost, an AI newsletter, states that the large language model was trained using a process called Reinforcement Learning from Human Feedback (RLHF): “The training process involved a fine-tuned initial model using supervised learning, with human trainers playing both the role of the user and an AI assistant.”
There are some subtleties around what the word “training” means. According to ChatGPT itself, “OpenAI did not use reinforcement learning with human feedback to train me. Instead, I was pre-trained using a combination of unsupervised and supervised learning techniques, such as language modeling, auto-encoding, and sequence prediction. My training involved processing massive amounts of text data from the internet, which allowed me to learn patterns and relationships between words and phrases.”
The AI continued, “However, once I was pre-trained, researchers and developers can use reinforcement learning with human feedback to fine-tune me for specific tasks or domains, such as answering questions or generating text. In these cases, humans can provide feedback in the form of rewards or penalties, which can be used to update my parameters and improve my performance on similar tasks in the future.”
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This answer seems to fit with the Marktechpost and TIME reports, in that the initial pre-training was non-supervised, allowing a tremendous amount of data to be fed into the system. But in building the dialogue responses that communicate with users (more on that below), the response engines were apparently trained both on the types of responses and to filter out inappropriate material—and that training seems to have been human-assisted.
Natural language processing
Natural language processing (NLP) focuses on enabling computers to understand, interpret, and generate human language. With the exponential growth of digital data and the increasing use of natural language interfaces, NLP has become a crucial technology for many businesses.
NLP technologies can be used for many applications, including sentiment analysis, chatbots, speech recognition, and translation. By leveraging NLP, businesses can automate tasks, improve customer service, and gain valuable insights from customer feedback and social media posts.
Also: How to write better ChatGPT prompts
One of the key challenges in implementing NLP is dealing with the complexity and ambiguity of human language. NLP algorithms need to be trained on large amounts of data to recognize patterns and learn the nuances of language. They also need to be continually refined and updated to keep up with changes in language use and context.
The technology works by breaking down language inputs, such as sentences or paragraphs, into smaller components and analyzing their meanings and relationships to generate insights or responses. NLP technologies use multiple techniques, including statistical modeling, machine learning, and deep learning, to recognize patterns and learn from large amounts of data to accurately interpret and generate language.
Dialogue management
You may have noticed that ChatGPT can ask follow-up questions to clarify your intent or better understand your needs, and provide personalized responses that consider the entire conversation history.
This approach is how ChatGPT can have multi-turn conversations with users that feel natural and engaging. The process involves using algorithms and machine learning techniques to understand the context of a conversation and maintain it over multiple exchanges with the user.
Also: How to use ChatGPT to write code – and my top trick for debugging what it generates
Dialogue management is an important aspect of natural language processing because it allows computer programs to interact with people in a way that feels more like a conversation than a series of one-off interactions. This approach can help build trust and engagement with users and lead to better outcomes for both the user and the organization using the program.
Marketers, of course, want to expand how trust is built up, but this is also an area that could prove scary because it’s one way an AI might be able to manipulate the people who use it.
A look inside the hardware that runs ChatGPT
Microsoft released a video that discusses how Azure is used to create a network to run all the computation and storage required by ChatGPT. It’s a fascinating watch for its discussion of Azure and how AI is architected in real hardware.
Traditional chatbots operate on predefined rules and decision trees, responding to specific user inputs with predetermined answers. ChatGPT, on the other hand, utilizes generative AI, allowing it to produce unique responses by understanding context and intent, making interactions more dynamic and human-like.
Non-supervised pre-training allows AI models to learn from vast amounts of unlabeled data. This approach helps the model grasp the nuances of language without being restricted to specific tasks, enabling it to generate more diverse and contextually relevant responses.
Yes. ChatGPT relies on the data it was trained on, which means it might not always have information on recent topics or niche subjects. Additionally, its responses are generated based on patterns in the data, so it might occasionally produce factually incorrect answers or lack context. Plus, the data it’s trained on may be wrong or even weaponized to be outright misleading.
And now you know
Even though we’re over 3,200 words, this is still a rudimentary overview of all that happens inside ChatGPT. That said, perhaps now you understand more about why this technology has exploded over the past few years. The key to success is that the data itself isn’t “supervised” and the AI can take what it’s been fed and make sense of it.
Also: 6 new ways ChatGPT Projects supercharges your AI chats – how to try it
What do you think? Are you using ChatGPT? What questions do you still have about how it works? Share your opinions with us in the comments below.
You can follow my day-to-day project updates on social media. Be sure to subscribe to my weekly update newsletter, and follow me on Twitter/X at @DavidGewirtz, on Facebook at Facebook.com/DavidGewirtz, on Instagram at Instagram.com/DavidGewirtz, and on YouTube at YouTube.com/DavidGewirtzTV.
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Tools & Platforms
The Future of Emerging AI Solutions
AI has captivated industries with promises to redefine efficiency, innovation and decision-making. Some of the nation’s biggest companies, including Microsoft, Meta and Amazon, are projected to pour an astonishing $320 billion into AI by 2025. As remarkable as these developments are, the technology’s swift evolution has exposed some significant challenges. Though these issues aren’t insurmountable, navigating them requires careful consideration and a smart strategy. Take data depletion, for example — one of the more pressing concerns fueled by AI’s rapid rise.
Also Read: The GPU Shortage: How It’s Impacting AI Development and What Comes Next?
AI systems are trained on enormous datasets, but they’re now consuming high-quality, human-generated data faster than it can be created. A shortage of diverse, reliable content could hinder the long-term sustainability of model training. Synthetic data offers one potential solution, but it comes with its own set of risks, including quality degradation and bias reinforcement. Another emerging path is agentic AI, which learns more like humans and adapts in real time without relying solely on static datasets.
Given all the options, high-tech companies’ eagerness to explore these emerging technologies is understandable, but it’s critical to avoid the bandwagon effect when considering new solutions. Before jumping headfirst into the AI race, organizations need to understand not just what’s possible, but what’s sustainable.
Develop a Clear AI Strategy to Pursue Right-Fit Solutions
It’s not just AI but the diverse potential of its applications that has enticed countless companies to jump on board; however, tales of instant success across the AI spectrum of offerings are rare. A baby-steps approach seems to be the rule rather than the exception, as indicated by a recent Deloitte survey that found only 4% of enterprises pursuing AI are actively piloting or implementing agentic AI systems. Organizations that adopt various forms of AI for trendiness rather than intention often find themselves stuck in the trial phase with little to show for their efforts. Scattered approaches lead to wasted resources, siloed projects and negligible ROI.
Businesses that align their initiatives with core objectives are better positioned to unlock AI’s potential. A successful strategy focuses on solving tangible problems, not indulging in alluring technology for appearance’s sake. Comprehensive plans should include solutions that automate routine tasks, such as document processing or repetitive workflows, and tools that enhance decision-making by leveraging advanced data models to predict outcomes.
AI strategies should also embrace technology as a way to strengthen the workforce by augmenting human intelligence rather than replacing it. For example, agentic AI can play a pivotal role in enhancing sales operations as agents can autonomously engage with prospects, answer questions and even close deals — all while collaborating with human colleagues. This human-AI partnership delivers greater efficiency and personalization. Unlike reactive bots, agentic models facilitate meaningful, refined outcomes while retaining emotional intelligence.
Strategies Should Combat Data Depletion and Protect Existing High-Quality Data
AI’s ravenous appetite for data is raising alarms across industries. Researchers predict the supply of human-generated internet data suitable for training expansive AI models will be exhausted between 2026 and 2032, creating an innovation bottleneck with big potential implications.
AI strategies must recognize that the value lies in the technology’s ability to interpret complex scenarios and conditions. So without the right training data, AI’s outputs are at risk of becoming narrow, biased or obsolete. High-quality, diverse datasets are essential to building reliable models that reflect real-world diversity and nuance.
Amid the looming data drought, synthetic data offers a glimmer of hope. Companies can generate AI data that mirrors real-world situations to potentially offset proprietary content limitations and create task-specific datasets. While promising, synthetic data does come with its own set of drawbacks, such as quality decay, also known as model collapse. Continuously training AI on AI-generated content leads to degraded performance over time, similar to the way photocopying a photocopy repeatedly would erode the original image quality.
Also Read: Why Q-Learning Matters for Robotics and Industrial Automation Executives
Beyond exploring options to generate new data, high-tech businesses must also ensure their strategies prioritize the security of existing datasets. Poor data hygiene, errors and accidental deletions can derail AI operations and lead to costly setbacks. For example, Samsung Securities once issued $100 billion worth of phantom shares due to an input error. By the time the issue was caught, employees had already sold approximately $300 million in nonexistent stock, triggering a major financial and reputational fallout for Samsung.
Protecting data assets means building a sturdy governance framework that includes regular backups, fail-safe protocols and continuous data audits to create an operational safety net. Additionally, investing in advanced cybersecurity mitigates risks like data breaches or external attacks, safeguarding a company’s most valued digital assets.
Preparing for an AI-Driven Future
The incoming wave of AI success belongs to organizations that blend innovation with intentionality. Businesses that resist hype and take a grounded approach to sustainable transformation stand the best chance of maximizing emerging technology’s potential.
The development of a true, proactive AI strategy hinges on the successful alignment of innovation with clear business objectives and measurable goals. Prioritizing high-quality, diverse datasets ensures accurate, unbiased AI decision-making, while exploring solutions like synthetic data can combat various risks, such as data depletion. AI is reshaping industries with unprecedented momentum. By acting deliberately and ethically, high-tech businesses can turn this technological watershed moment into a long-term competitive advantage.
[To share your insights with us, please write to psen@itechseries.com]
Tools & Platforms
Vidu updates Q1 AI video generation model to handle up to seven image inputs
Vidu AI, a generative artificial intelligence video platform developed by Chinese firm ShengShu Technology, today announced an update to its latest Q1 model featuring an advanced “reference-to-video” feature powered by semantic understanding.
The company is developing a generative video AI model that competes with OpenAI’s Sora, which can produce vivid video sequences. The update allows for richer video context for the production of video scenes involving multiple elements that remain the same between clips from frame to frame.
Users can now upload up to seven reference images and include a prompt that combines them for the AI to use in a scene. For example, the AI uses what the company calls “semantic understanding” to reference the images and relate them to the text prompt and even infer missing elements to generate key objects.
“This update breaks through the limits of what creators thought they could do with AI video,” said Chief Executive Luo Yihang. “We’re getting closer to enabling users to create fully realized scenes, complete with a detailed cast of characters, objects, and backgrounds, by expanding multi-image referencing to support up to seven inputs.”
For example, a user could upload an image of a young woman in a green dress, an idyllic forest scene and an owl. Then input the prompt: “The woman plays the violin in the forest while the owl flies down and lands on a nearby branch at sunrise.”
Yihang said the Vidu Q1 semantic core engine will generate a violin in her hands, preserving scene consistency and narrative quality throughout the clip. Using this technology, creators no longer need to face steep technical hurdles when attempting to create complex scenes. A text prompt and images are all they need when producing consistent video scenes.
Vidu is competing with Google LLC’s Veo 3, released in late May. Its generative video capabilities include natural English prompts and reference images alongside a filmmaking tool called Flow, which allows users to manage narrative design to develop entire short AI-generated films that include visuals, special effects and audio, including speech.
ShengShu announced a partnership with Los Angeles-based animation studio Aura Productions in late March to release a 50-episode short film sci-fi anime series fully generated by AI. The project seeks to redefine digital entertainment by using AI capabilities to augment traditional narrative techniques. It is slated for release across major social media platforms this year.
“AI is no longer just a tool; it’s a creative enhancement that allows us to scale production while maintaining artistic integrity,” said D.T. Carpenter, showrunner at Aura, told Variety about the project.
Image: Vidu AI
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Tools & Platforms
As Congress Releases the AI Regulatory Hounds, A Reminder | American Enterprise Institute
The centerpiece of the so-called “One Big Beautiful Bill” in tech policy circles was the “AI moratorium,” a temporary federal limit on state regulation of artificial intelligence. The loss of the AI moratorium, stripped from the bill in the Senate, elicited howls of derision from AI-focused policy experts such as the indefatigable Adam Thierer. But the moratorium debate may have distracted from an important principle: Regulation should be technology neutral. The concept of AI regulation is essentially broken, and neither states nor Congress should regulate AI as such.
Nothing is straightforward. The AI moratorium was not a moratorium at all. Contorted to fit into a budget reconciliation bill, it meant to disincentivize regulation by withholding federal money for 10 years from states that are “limiting, restricting, or otherwise regulating artificial intelligence models.”
It is economically unwise for states to regulate products and services offered nationally or globally. When they do so unevenly, a thicket of regulations and lost innovation is likely. Compliance costs rise disproportionately relative to the benefits of protections that more efficient laws could achieve.
But I’m ordinarily a stout defender of the decentralized system created by our Constitution. I believe it is politically unwise to move power to remote levels of government. With Geoff Manne, I’ve written about avoiding burdensome state regulation through contracts rather than preemption of state law. So before the House AI Task Force’s meeting to consider federalism and preemption, I was in the “mushy middle.”
With the moratorium gone, federal AI regulation would justify preempting the states, giving us efficient regulation, right? Nothing is straightforward.
Nobody—including at the federal level—actually knows what they are trying to regulate. Take a look at the definition of AI in the Colorado legislation, famously signed yet lamented by tech-savvy governor Jared Polis. In Colorado, “Artificial Intelligence System” means
any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.
Try excluding an ordinary light switch from the definition. Must you wrestle with semantics? I’m struck by the meaningless dualities. Take “explicit or implicit objective.” Is there a third category? Or are these words meant to conjure some unidentified actor’s intent? See also “physical or virtual environments.” (Do you want to change all four tires? No, just the front two and back two.) Someone thought extra words would add meaning, but they actually confess its absence.
Defining AI is fraught because “artificial intelligence” is a marketing term, not a technology. For policymaking purposes, it’s an “anti-concept.” When “AI” took flight in the media, countless tech companies put it on their websites and in their sales pitches. That doesn’t mean that AI is an identifiable, regulatable thing.
So pieces of legislation like those in Colorado, New York, and Texas use word salads to regulate anything that amounts to computer-aided decision-making. Doing so will absorb countless hours as technologists and businesspeople consult with lawyers to parse statutes rather than building better products. And just think of the costs and complexities—and the abuses—when these laws turn out to regulate all decision-making that involves computers.
Technologies and marketing terms change rapidly. Human interests don’t. That’s why technology-neutral regulation is the best form—regulation that punishes bad outcomes no matter the means. Even before this age of activist legislatures, the law already barred killing people, whether with a hammer, an automobile, an automated threshing machine, or some machine that runs “AI.”
The Colorado legislation is a gaudy, complex, technology-specific effort to prevent wrongful discrimination. That is better done by barring discrimination as such, a complex problem even without the AI overlay. New York’s legislation is meant to help ensure that AI doesn’t kill people—a tiny but grossly hyped possibility. Delaying the adoption of AI through regulations like New York’s will probably kill more people (statistically, by denying life-extending innovations) than the regulations save.
Texas—well, who knows what the Texas bill is trying to do.
The demise of the AI moratorium will incline some to think that federal AI regulation is the path forward because it may preempt unwise state regulation. But federal regulation would not be any better. It would be worse in an important respect—slower and less likely to change with experience.
The principle of technology-neutral regulation suggests that there should not be any AI regulation at all. Rather, the law should address wrongs as wrongs no matter what instruments or technologies have a role in causing them.
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