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It May Soon Be Legal to Jailbreak AI to Expose How it Works
A proposed exemption to the DMCA would give researchers permission to break terms of service on AI tools to expose bias, training data, and potentially harmful outputs.
The proposed exemption has the support of the Department of Justice, which said “good faith research can help reveal unintended or undisclosed collection or exposure of sensitive personal data, or identify systems whose operations or outputs are unsafe, inaccurate, or ineffective for the uses for which they are intended or marketed by developers, or employed by end users. Much of what we know about how closed-sourced AI tools like ChatGPT, Midjourney, and others work are from researchers, journalists, and ordinary users purposefully trying to trick these systems into revealing something about the data they were trained on (which often includes copyrighted material indiscriminately and secretly scraped from the internet), its biases, and its weaknesses. Shayne Longpre, an MIT researcher who is part of the team pushing for the exemption, told me that “there is a lot of apprehensiveness about these models and their design, their biases, being used for discrimination, and, broadly, their trustworthiness.”
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