#TalkRadio – July 30: Artificial Intelligence and the 2024 Elections: What’s Race Got To Do With It?

SPEAKERS:

Damon T. Hewitt: 12:00 PM – 12:45 PM ET
Damon T. Hewitt is the President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. One of the nation’s foremost experts in civil rights litigation and policy, Hewitt has more than 20 years of experience, including prior leadership roles in the nonprofit, philanthropic, and public sectors. Prior to joining the Lawyers’ Committee, he was the inaugural executive director of the Executives’ Alliance for Boys and Men of Color and was the chief liaison from the philanthropic community to the White House on policy issues impacting young men of color. Hewitt previously worked for more than a decade as an attorney at the NAACP Legal Defense and Educational Fund. Hewitt joined the Lawyers’ Committee as Executive Vice President in 2019 and was named its President and Executive Director in 2021. Since then, he has led the organization victories on a range of critical issues, including affirmative action, race-conscious programs, and diversity, equity and inclusion; Election Protection and voter disinformation; redistricting; fair housing; algorithmic bias and artificial intelligence; and police accountability. Hewitt’s work has been widely in a number of news outlets, including the New York Times, The Washington Post, The Guardian, Bloomberg News, CNN, MSNBC, NBC, and CBS. He holds a B.A. in Political Science from Louisiana State University and a J.D. from the University of Pennsylvania Law School.

INTRODUCTION:

The Igniting Change Radio Show on Tuesday, July 30th, 2024, from 12:00 PM – 1:00 PM Eastern Time, entitled, “Artificial Intelligence and the 2024 Elections: What’s Race Got To Do With It?”, will be live with Radio Show Co-Hosts and Transformative Justice Coalition (TJC) Co-Leaders Attorneys Barbara Arnwine, Esq. and Daryl Jones, Esq. and will feature a special one-on-one interview with Damon T. Hewitt to discuss his leadership on alerting the nation about the challenges of AI to voting and racial justice if not regulated properly. The Igniting Change audience will learn a lot from his prescient advocacy and expertise on this subject. He will also talk about his role as President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law. This show is part of Igniting Change’s commitment to regularly cover the impact of artificial intelligence and technological developments on the fight for racial justice. During the last segment of this show, Barbara and Daryl will discuss the proposed Supreme Court reforms from President Biden, as he called for term limits; an enforceable ethical code; and congressional legislation to overturn the Supreme Court’s decision in Trump vs. U.S. (“The Trump Immunity Case”).  Read the White House’s Fact Sheet on these reforms here: https://www.whitehouse.gov/briefing-room/statements-releases/2024/07/29/fact-sheet-president-biden-announces-bold-plan-to-reform-the-supreme-court-and-ensure-no-president-is-above-the-law/

Igniting Change guest Damon T. Hewitt is one of the nation’s foremost experts in civil rights litigation and policy and has more than 20 years of experience, including prior leadership roles in the nonprofit, philanthropic, and public sectors. Hewitt joined the Lawyers’ Committee as Executive Vice President in 2019 and was named its President and Executive Director in 2021. Since then, he has led the organization victories on a range of critical issues, including affirmative action, race-conscious programs, and diversity, equity and inclusion; Election Protection and voter disinformation; redistricting; fair housing; algorithmic bias and artificial intelligence; and police accountability. Hewitt’s work has been widely in a number of news outlets, including the New York Times, The Washington Post, The Guardian, Bloomberg News, CNN, MSNBC, NBC, and CBS.

“[On November 8th, 2023], Damon Hewitt, President and Executive Director of the Lawyers’ Committee for Civil Rights Under Law, provided testimony for the AI Insight Forum on Elections & Democracy convened by Senate Majority Leader Chuck Schumer and Senators Mike Rounds, Martin Heinrich, and Todd Young. The AI Insight Forum on Elections and Democracy brought together a diverse group of participants, and marked the latest iteration in a series of convenings with business and civil society leaders to address the potential implications of artificial intelligence on our democracy. This forum was one in a series discussing the potential problems and promise of AI technology across sectors, and the role of Congressional leadership in this area.

Hewitt showcased a current lawsuit spearheaded by the Lawyers’ Committee for Civil Rights and co-counsel Orrick Herrington & Sutcliffe LLP in National Coalition on Black Civic Participation v. Wohl, citing as an example how rapidly advancing AI can exacerbate existing threats to democracy like racially-targeted disinformation. The Lawyers’ Committee for Civil Rights  has long led efforts to combat these same risks as the convener of the national nonpartisan Election Protection coalition which runs the 866-OUR-VOTE hotline, extensive policy advocacy on voting rights and digital justice, and litigation against voter suppression efforts. Read Hewitt’s full testimonial here.

“‘The unchecked use of AI technology threatens to turn already fragile conditions for our democracy into a perfect storm,’ said Hewitt. ‘The spread of misinformation and disinformation online to influence elections and disenfranchise voters, often specifically Black voters, is already commonplace. Our democracy is too precious for lawmakers to be silent on civil rights and democracy protections while the tools of the future become the weapons of its demise. Congress must meet the moment and pass new civil rights legislation for a new century and new technology.’

“The Lawyers’ Committee for Civil Rights stands at the helm of ongoing efforts by various civil rights organizations working in and outside the courtroom to monitor the influence artificial intelligence has on civil rights. Through work with the organization’s Digital Justice Initiative, Voting Rights Project and Election Protection program (866-OUR-VOTE), the Lawyers’ Committee for Civil Rights remains committed in their ongoing efforts to monitor and address the issues that intertwine AI, racial justice, and digital privacy.

“The event marked the fifth installment of the bipartisan AI Insight Forums, a series dedicated to advancing innovation and developing bipartisan artificial intelligence legislation. Congressional action is needed to harness the transformative potential of this technology in a way that benefits society.” (Source: https://www.lawyerscommittee.org/lawyers-committee-for-civil-rights-president-and-executive-director-addresses-ai-threats-to-civil-rights-at-senate-forum-on-elections-and-democracy/ )

“In testimony [on December 13th, 2023] before the U.S. Senate Committee on the Judiciary, Subcommittee on Competition Policy, Antitrust, and Consumer Rights, Damon Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, highlighted the pressing civil rights challenges posed by the deployment of artificial intelligence (AI) on consumers. The testimony was read as part of the Subcommittee’s hearing entitled “The New Invisible Hand? The Impact of Algorithms on Competition and Consumer Rights.”

“In his testimony, Hewitt emphasized the profound risks posed by the unregulated deployment of algorithmic systems on consumer and civil rights. Pointing out the inherent biases that occur when systems rely on societal data that reflect historical discrimination, Hewitt explained how the technology can perpetuate and reinforce past patterns of inequality if not carefully designed and proactively tested.

“‘The harms of algorithmic discrimination are already denying millions of Americans equal opportunity in our economy,’” stated Hewitt. ‘Instead of aiding consumers, AI tools too often create distortions in the marketplace, reflecting exclusion rather than fairness and closing doors in the virtual world that have discriminatory effects in real life. Left unchecked, these harmful impacts will continue to grow as AI is deployed in every aspect of our lives. But it doesn’t need to be this way. Congress must act quickly to enact legislation and ensure that algorithmic systems are safe, effective, and fair.’

“To ensure that technology serves everyone, Hewitt introduced a set of guiding principles legislation should be based on, including prohibiting algorithmic discrimination, conducting assessments for bias before and after deployment of the technology, establishing a duty of care, protecting personal data, providing transparency and explainability for how AI systems operate, and ensuring robust oversight and accountability.

“Reflecting on the imperative to bring civil rights protections into the 21st century, Hewitt called for Congress to prioritize ensuring equal opportunity in the digital marketplace. In the context of today’s challenges, including the mass accumulation of personal data to fuel algorithmic technologies, he underscored the need to uphold the living legacy of the civil rights movement by enshrining protections for consumers and guaranteeing fair access to information, goods, and services on every platform.

“Watch Hewitt’s full testimony before the U.S. Senate Committee on the Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights here.” (Source: https://www.lawyerscommittee.org/lawyers-committee-president-damon-t-hewitt-testifies-before-senate-on-ai-risks-to-civil-rights-and-consumer-rights/)

Additional Resources:

To learn more about AI’s use and proposed regulation in the U.S., see the following articles:

• December 6th, 2023- “Artificial Intelligence could be a real threat to Black voters: The rapid rise of AI technology has been greeted with enthusiasm, indifference, or, in some cases, great alarm.” https://www.ksdk.com/article/news/local/the-st-louis-american/artificial-intelligence-black-voters/63-0973639b-682c-4a0a-b05f-431d733b3311

• January 10th, 2024- “House Lawmakers Unveil No AI FRAUD Act in Push for Federal Protections for Voice, Likeness: RIAA chairman Mitch Glazier calls the proposed law a “meaningful step towards building a safe, responsible and ethical AI ecosystem.” https://www.billboard.com/business/legal/no-ai-fraud-act-congress-federal-law-explained-1235578930/

• March 21, 2024- “New bipartisan bill would require labeling of AI-generated videos and audio” https://www.pbs.org/newshour/politics/new-bipartisan-bill-would-require-labeling-of-ai-generated-videos-and-audio

• APRIL 1, 2024- “First-of-Its-Kind AI Law Addresses Deep Fakes and Voice Clones: Tennessee’s ELVIS Act Seeks to Protect Artists’ Voices, Names, Images and Likenesses from the Misuse of Artificial Intelligence” https://www.hklaw.com/en/insights/publications/2024/04/first-of-its-kind-ai-law-addresses-deep-fakes-and-voice-clones

• APRIL 10, 2024- “We are now entering a brave new world’: PA House passes AI disclosure bill: Lawmakers in the Pennsylvania House voted 146-54 to approve a bill requiring disclosures on content generated by artificial intelligence.” https://www.cityandstatepa.com/policy/2024/04/we-are-now-entering-brave-new-world-pa-house-passes-ai-disclosure-bill/395636/

• April 26th, 2024- “The Key Issues & Bills To Know Ahead Of GRAMMYs On The Hill 2024: AI, Live Event Ticketing Reform & More. Learn how the Recording Academy will join congressional leaders and music professionals at GRAMMYs On The Hill 2024 in Washington, D.C., to tackle the key issues and bills impacting the music industry, including the No AI FRAUD Act and the Fans First Act.” https://www.recordingacademy.com/advocacy/news/grammy-hill-2024-key-issues-guide

•  MAY 17, 2024- “Arizona House passes three bills aimed at fighting AI deep fakes” https://azmirror.com/2024/05/17/az-house-passes-three-bills-aimed-at-fighting-ai-deep-fakes/

• May 28th, 2024- A Cautionary Tale. “Indian Voters Are Being Bombarded With Millions of Deepfakes. Political Candidates Approve India’s elections are a glimpse of the Al-driven future of democracy. Politicians are using audio and video deepfakes of themselves to reach voters-who may have no idea they’ve been talking to a clone.” https://www.wired.com/story/indian-elections-ai-deepfakes/?utm_source=instagram&utm_medium=social&utm_brand=wired&utm_social-type=owned

• July 8th, 2024- “Exclusive: U.S. Voters Value Safe AI Development Over Racing Against China, Poll Shows: A large majority of American voters are skeptical of the argument that the U.S. should race ahead to build ever more powerful artificial intelligence, unconstrained by domestic regulations, in an effort to compete with China, according to new polling shared exclusively with TIME.” https://time.com/6996090/ai-china-american-voters-poll/

• July 9th, 2024- “Chevron’s downfall highlights need for clear artificial intelligence laws: Much of Biden’s AI executive order isn’t likely to be affected, but legislation coming from Congress will need to account for the Supreme Court’s ruling, experts say.” https://fedscoop.com/chevron-downfall-highlights-clear-ai-law-need/

• July 23rd, 2024- “GOP lawmakers, financial leaders ‘leery’ of rushing AI rules on the sector: At a Tuesday House hearing, capital markets and banking professionals said they want regulatory clarity from agencies.” https://fedscoop.com/house-financial-services-ai-regulations-financial-sector-banks-agencies/

• July 25th, 2024- “A neurological disease stole Rep. Jennifer Wexton’s voice. AI helped her get it back: When Rep. Jennifer Wexton gave remarks on the House floor Thursday, she spoke using a voice that she and her colleagues thought they’d never hear again. After a rare neurological disorder affected her ability to speak, the Virginia Democrat now enlists artificial intelligence to speak using her old voice.” https://www.npr.org/2024/07/25/nx-s1-5051720/jennifer-wexton-ai-speech-progressive-supranuclear-palsy

• July 26th, 2024- “On July 26, 2024, the White House announced that federal agencies had completed all 270-day actions required by the Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (EO). This follows the publication of a similar announcement on federal agencies AI actions completed within 180 days of the EO.” https://www.dataguidance.com/news/usa-white-house-announces-federal-ai-actions-270-days

https://www.whitehouse.gov/briefing-room/statements-releases/2024/07/26/fact-sheet-biden-harris-administration-announces-new-ai-actions-and-receives-additional-major-voluntary-commitment-on-ai/

• July 29th, 2024- “HFSC Holds Hearing on Artificial Intelligence in the Financial Services and Housing Sectors: The U.S. House of Representatives’ Committee on Financial Services held a hearing, “AI Innovation Explored: Insights into AI Applications in Financial Services and Housing,” on July 23. The hearing focused on the development, implementation, and regulation of artificial intelligence (AI) and its applications in the financial services and housing sectors.” https://nlihc.org/resource/hfsc-holds-hearing-artificial-intelligence-financial-services-and-housing-sectors

• July 29th, 2024- Informative Opinion Piece on “The Mess States Are Making of AI Regulation: Lawmakers are proposing hundreds of measures to micromanage and control this emergent technology. A complicated regulatory framework could devastate America’s technology businesses and global competitiveness.” https://www.governing.com/policy/the-mess-states-are-making-of-ai-regulation

• July 29th, 2024- “The AI Landscape Is Shifting Amid State-Level Regulation: Notwithstanding many calls to regulate AI and numerous bills introduced in Congress, it appears that legislation concerning AI will not likely emerge from Washington soon. Meanwhile, however, the ‘laboratories of democracy’ —the 50 states—have been busy creating all manner of laws regulating AI. Colorado recently enacted the nation’s first comprehensive AI regulatory framework governing the development and deployment of high-risk AI systems. Many other states have passed AI regulations reflecting a myriad of approaches. Several of these approaches are described below [which describe Colorado’s comprehensive bill, Law Enforcement And Government, Employment, Healthcare, Insurers, Social Media Platforms, Gambling, Deepfake Regulation, state consumer data, discrimination and child protection laws].” https://www.forbes.com/sites/forbesbusinesscouncil/2024/07/29/the-ai-landscape-is-shifting-amid-state-level-regulation/

• July 29th, 2024- “Apple Joins Voluntary U.S. Government Commitment to AI Safety: Separately, iPhone users will need to wait until October for Apple Intelligence LLM services.” https://www.techrepublic.com/article/apple-us-government-ai-voluntary-commitment/

• July 29th, 2024- “Elon Musk Retweets Altered Kamala Harris Campaign Ad, Raising Alarms About Ai In Politics” https://www.blackenterprise.com/elon-musk-blasted-for-posting-ai-generated-kamala-harris-ad/?utm_term=Autofeed&utm_medium=Social&utm_source=Twitter#Echobox=1722296325

QUESTIONS:

• Welcome to your maiden appearance on Igniting Change, Damon T. Hewitt. Please tell people about the current work of the Lawyers’ Committee for Civil Rights Under Law.
• Damon, with this election heating up, our concerns over the unlawful use of AI to disrupt elections has reached a new height. We were all concerned in January of this year when there was the fake President Biden robocall telling New Hampshire Democrats not to vote. Since then there have been fake ads AI images of Black people with former President Donald Trump. And, more recently, Twitter/X’s CEO Elon Musk posted an ad that used AI to mimic Kamala Harris’ voice over one of her campaign ads after removing any indication that it was a manipulated video. You have now testified a number of times before Congress on the subject of the impact of artificial intelligence on the fight for racial justice. How did you get involved with this subject?
• What led you to look at the unregulated use of artificial intelligence and the way it impedes civil rights progress?
• In November of 2023, you testified before the U.S. Senate AI Insight Forum on Elections and Democracy at which you discussed the case of National Coalition on Black Civic Participation v. Wohl. Tell our audience what happened in this case.
• In your testimony, you stated that if AI had been used by the defendants in this case, the consequences would be much worse due to their ability to more precisely target Black individuals through predictive AI. Tell people why you testified that the use of predictive AI in the current era could have made this case a lot worse.
• Disturbingly you wrote in your testimony “Beyond the alarming ease of dissemination, the content of AI-powered media holds untapped potential to disrupt our democracy. It can be used to deceive or intimidate voters into not voting, generate violent hostility toward election workers, bolster the message and recruiting of white supremacist organizations, and undermine trust in election outcomes.” Tell us more about this threat.
• Although we won’t have time today to get deeply into the subject of your testimony that you delivered on December 13th, 2023 regarding “The New Invisible Hand? The Impact of Algorithms on Competition and Consumer Rights.” Can you briefly tell our audience how AI is being used to further racial discrimination in housing, consumer protection, retail, insurance, and many other areas.
• What, as to both the elections and consumer discrimination, measures should Congress and the states be doing to regulate AI and what are Congress and the states doing to regulate AI? What are your top recommendations?
• You were recently appointed to the New Department of Homeland Security Artificial Intelligence and Security Board to advance AI’s responsible development and deployment. Please tell us what the role is of this Board and how it can help to address this very serious issue.
• How can our listeners get involved?
• What are your one-minute final thoughts to our listeners?
• Thank you for all of your hard work. How do our listeners get in contact with you?

12:45 PM- Daryl and Barbara will discuss President Biden’s Supreme Court proposals

• [Barbara and Daryl will discuss the proposed Supreme Court reforms from President Biden, as he called for term limits; an enforceable ethical code; and congressional legislation to overturn the Supreme Court’s decision in Trump vs. U.S. (“The Trump Immunity Case”). ]
• Following the successful 85+ events held nationwide for the John Lewis National Day of Action and Candlelight Vigils, the Transformative Justice Coalition has a number of additional initiatives that it will be pursuing, including the August 6th Fundraiser so that we can have a September Gen Z and Young Millennial Training during the Congressional Black Caucus’ Annual Legislative Conference and a series of Get Out The Vote Concerts for Gen Z and Young Millennials. Tell the audience more about these initiatives and how they can get involved and get tickets for the upcoming August 6th Fundraiser Reception or donate now.