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Giving Californians an out on AI

Presented by Unite Us: Your afternoon must-read briefing on politics and government in the Golden State
Nov 27, 2023 View in browser
 
POLITICO California Playbook PM

By Blake Jones

Presented by

Unite Us

With help from Alfred Ng

TUNE IN, OPT OUT: Artificial intelligence can help decide whether you get a job, bank loan or housing — but such uses of the technology could soon be limited in California.

Regulations proposed today would allow Californians to opt out of allowing their data to be used in that sort of automated decision making. The draft rules, floated by the California Privacy Protection Agency, would also let people request information on how automated decisions about them were made.

“Automated decision making technologies and artificial intelligence have the potential to transform key aspects of our lives,” Ashkan Soltani, the CPPA’s executive director, said in a statement. “We’re proud that California is meeting the moment by giving consumers more control over these technologies.”

The shadow of Uruguyan developer Tammara Leites poses in front of a text generated by thanks to artificial intelligence ahead of a performance at the Avignon fringe festival in Avignon.

Regulations proposed by the California Privacy Protection Agency would allow Californians to opt out of allowing their data to be used in some automated decision making. | Clement Mahoudeau/AFP via Getty Images

It’s the agency’s first crack at regulating the emerging technology, but it comes from a familiar mold.

California requires other products, including cellphone applications and social media platforms, to give users the chance to opt out of sharing personal data. The draft rule would, if approved as written, extend similar requirements to the buzzy sphere of AI as California privacy advocates and lawmakers look for ways to move faster than Congress in regulating the technology.

“Overall, they are a strong start that give people more power over their personal information in areas where discrimination has been proliferating,” Justin Kloczko of Consumer Watchdog wrote of the proposal in an email blast earlier today. “The regulations also provide a much-needed notice to consumers informing them about their opt-out and disclosure rights.”

Businesses that use AI to build profiles about people, including job applicants, students and patrons of malls, sports stadiums and cafes, would also be subject to the rules — as would businesses that use AI to target people for advertising and for profiling people under the age of 16.

Industry lobbyists, though, have already sought to narrow the scope of the rules to exclude AI-assisted decisions that are made with human involvement.

“The opt-out right should be limited to fully-automated decisions and only to final decisions,” TechNet, an industry group representing companies like Apple, Amazon, Google and Meta, said in an initial public comment on the issue in March.

TechNet's executive director for California and the Southwest, Dylan Hoffman, said in a statement today that the group was still reviewing the regulations and would submit further comments to the agency as it begins formal rulemaking.

The agency’s board will weigh the proposal at a Dec. 8 meeting, with plans to start that formal rulemaking next year.

IT’S MONDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check of California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to bjones@politico.com or send a shout on Twitter. DMs are open.

A message from Unite Us:

America’s 3,000+ counties are on the frontlines of many of our nation’s most pressing challenges. As a result, they’re leading the way in discovering innovative solutions through collaborative partnerships. Join Unite Us as we hear from county and city leaders across the country—including here in California—who have unleashed innovation in government by leveraging technology solutions and community partnerships to address constituents' health-related social needs and improve service delivery.

 
WHAT YOU NEED TO KNOW TODAY

NEWSOM’S PREBUTTAL — Gov. Gavin Newsom is touting his actions on homelessness ahead of his upcoming debate with Florida Gov. Ron DeSantis, who is likely to raise the issue. Homelessness is one of the state’s most intractable problems and a consistent point of criticism for conservative pundits looking to use the Democrat-dominated state — and the Democratic governor — as a punching bag.

Newsom has made homelessness a key point of his administration: allocating more than $15 billion toward the problem and demanding more accountability from local officials during his five years in office. Despite those efforts, the state still accounts for nearly a quarter of the nation’s homeless people.

The governor sought Monday to remind voters (and perhaps viewers of Thursday’s debate) that the problem isn’t for lack of trying on his part.

“I’m trying to be on the front lines, as well,” he said during a call with reporters. “I don’t know many governors that are literally handing out their cellphone number saying, ‘Which encampment can I help you, individually and personally, clean up?’"

"I see what you see,” he added. “I see the magnitude of this crisis and I recognize the enormity of this task, but our focus and resolve is real.”

Newsom is set to debate DeSantis, a GOP presidential contender, in Georgia in a forum moderated by FOX’s Sean Hannity. — Lara Korte

 

GET A BACKSTAGE PASS TO COP28 WITH GLOBAL PLAYBOOK: Get insider access to the conference that sets the tone of the global climate agenda with POLITICO's Global Playbook newsletter. Authored by Suzanne Lynch, Global Playbook delivers exclusive, daily insights and comprehensive coverage that will keep you informed about the most crucial climate summit of the year. Dive deep into the critical discussions and developments at COP28 from Nov. 30 to Dec. 12. SUBSCRIBE NOW.

 
 
On The Beats

TROJAN STRIKE AVERTED: The University of Southern California has averted a graduate student employee strike, reaching a deal with the union less than 36 hours before a scheduled walkout. The academic workers in a tentative agreement reached Sunday secured starting wages of $40,000 beginning next fall, an increase of $4,300.

The 3,200-member union was founded in February amid a national wave of campus labor action at private universities, aided by President Joe Biden's reshaping the National Labor Relations Board with union-friendly appointees. The organizing effort also closely followed a strike by 48,000 academic workers at the public University of California system last year.

JUST AROUND THE BEND: The number of people working on California’s long-awaited high-speed-rail project has reached a new high. This month’s daily employment high of 1,612 people is a sign of progress for a project that has seen repeated setbacks over the years.

Recent construction, outlined in a recent update, includes undercrossings at the historic Fresno train depot, which is slated to host one of the state’s high-speed-rail stations. — Camille von Kaenel

 

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WHAT WE'RE READING TODAY

RED STATE/BLUE STATE: Florida Gov. Ron DeSantis likes to tout his state’s stats from the pandemic, so he may not like a new Los Angeles Times analysis that finds significantly more Floridians died on a per capita basis during the COVID-19 emergency than Californians. (Los Angeles Times)

NEW NEIGHBORS: A breakdown by The Orange County Register of the 475,803 people who moved to California from other states in 2022 finds that the largest number came from Texas, followed by Washington and New York. In case you are wondering, the fewest came from West Virginia. In the other direction, the states with the highest in-flow of new residents were, in order, Florida, Texas and California. (The Orange County Register)

BUILDER’S REMEDY: Bay Area developer Acclaim Companies is invoking the “builder’s remedy” in Cupertino, taking advantage of a state law that compels municipal governments to accept projects that don’t comply with local zoning. Acclaim has submitted plans to demolish three commercial buildings on busy Stevens Creek Boulevard and build a five-story apartment complex, setting aside 20 percent of the units as affordable in place with some of the most expensive real estate in the U.S. (The Mercury News)

 

JOIN WOMEN RULE ON 12/12: For centuries, women were left out of the rooms that shaped policy, built companies and led countries. Now, society needs the creativity and entrepreneurship of women more than ever. How can we make sure that women are given the space and opportunity to shape the world’s future for the better? Join POLITICO's Women Rule on Dec. 12 for Leading with Purpose: How Women Are Reinventing the World to explore this and more. REGISTER HERE.

 
 

A message from Unite Us:

During this webinar, you'll hear from leaders who are leveraging technology to drive change in:

  • Merced County, California;
  • Summit County, Ohio;
  • Santa Fe County, New Mexico; and
  • the City of Santa Fe, New Mexico.
We'll dive into:
  • Success Stories: Discover how county leaders are using technology to improve government services and the health outcomes of their residents.
  • The Power of Collaboration: Learn about the partnerships and networks that are driving collective impact beyond county borders.
  • Expert Insights: Gain valuable insights and lessons learned from experienced leaders.
From addressing the opioid crisis to meeting social care needs in the community and in public schools, our panelists have a wealth of knowledge to share. Don't miss out on the chance to be part of this important conversation!

 
 

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