Coordinated effort is ‘essential’ in tackling AI policy issues, says Canadian Digital Regulators Forum

Members of the Canadian Digital Regulators Forum are emphasizing the importance of cross-agency collaboration when dealing with issues that overlap each other’s mandates, such as AI. Among the forum’s members are the heads of the Competition Bureau, CRTC, Office of the Privacy Commissioner, and the newly added Copyright Board. They highlighted the successes of the forum's first year at the Competition Summit this week. During Monday’s roundtable discussion, the forum members shared their vision for what is to come. Together, the regulators have been focusing their attention on the challenges and opportunities presented by AI-generated synthetic media. “Our work intersects more than ever,” said competition commissioner Matthew Boswell, “and quite frankly… I expect these intersections to grow and for the issues that we have to understand together to accelerate.” As each regulator examines the implications of AI technology within their respective mandates, the Digital Regulators Forum allows them to pool their expertise and develop a coordinated approach. “We're working together to figure out where the puck is going and how we can be there in a timely fashion to make the play,” Boswell explained. The first year of the forum was focused on building relationships and knowledge-sharing between the agencies. This laid the groundwork for deeper collaboration, such as having regulators presenting to each other’s internal teams, strengthening their understanding of their individual mandates. “There's a working group of people from each organization, and they are really integrated, talking a lot, and they have that sort of ‘pick-up-the-phone’ relationship,” said Boswell, describing such partnerships as the “backbone” that makes the forum work. Now, as they narrow their focus on synthetic media in year two, the regulators have been working to learn more about the technology, bringing in experts from both within Canada and abroad to educate them on the impacts it can have on their respective fields. “We now have within each of our operations teams of people who really get it, and we're thinking all the time about what we need to be doing to see where the puck is going,” said Boswell. Boswell was chair of the forum until May, when the reins were handed over to privacy commissioner Phillippe Dufresne. The role of chair rotates annually between members. “It's a pivotal time for so many of our fields,” said Dufresne, emphasizing the rapid spread of AI across many sectors of the economy. As AI becomes more relevant in each of the regulators’ jurisdictions, so does the need to protect Canadians’ fundamental rights, he explained. “Just as we use data to fuel innovation, we must also use innovation to protect data,” said Dufresne. The privacy commissioner, along with the other regulatory heads, highlighted the various converging issues that appear when it comes to synthetic media. AI and the synthetic media that it can produce raises a wealth of questions for the regulators. With respect to privacy, Dufresne pointed to concerns around data storage and portability, as cloud services become more available. He noted his office is currently investigating OpenAI's ChatGPT, in response to a complaint alleging the non-consensual collection, use, and disclosure of personal information. Boswell noted the bureau’s recent consultation on competition in emerging AI markets and the regulator’s increasing focus on the digital economy. He added that the Competition Bureau is conducting "some early stage investigations right now in relation to the use of algorithms in AI." Copyright Board CEO Drew Olsen discussed issues around the use of copyrighted material in the training of AI systems and creation of synthetic music, as well as new questions being raised regarding the “value” of AI-generated content in the copyright world. In a similar vein, CRTC CEO Vicky Eatrides pointed to the use of AI-generated content in the broadcasting sphere, particularly as the commission continues to establish regulations for the recently passed Online Streaming Act. She said that the CRTC is working towards revising the definition of “Canadian content” and has been tackling questions around how AI-generated content could fall into that category. The way these questions intersect with other regulatory spheres makes the Digital Regulators Forum essential, Dufresne explained. It also helps regulators explain to Parliamentarians what can be done on the legislative side of things. “These issues are complex. They can be nebulous. It can be hard to fathom,” said Dufresne. “Parliamentarians' time is finite, is limited. Choices have to be made, so we need to make this front and center.” The privacy commissioner pointed to a recent cross-regulatory initiative led by his office, in partnership with the Competition Bureau and various privacy enforcement and consumer protection agencies from around the globe. The sweep, conducted earlier this year, examined the use of deceptive design practices across 899 websites and 111 apps. He said it produced concrete results for Canadians, other regulators, and has led to “good responses” and commitments to change from many of the examined organizations. By the end of this second year in the coming Spring, Dufresne said he intends for the forum to publish a report, sharing the outcomes, observations, and lessons learned from its recent work. For the long term, he added that he would like to see a more permanent support structure for the forum to sustain its collaborative efforts and “allows us to give this the resources and the focus that sometimes may go beyond one individual commissioner’s office.” – Reporting by Phalen Tynes-MacDonald at pcreed@thewirereport.ca

Coordinated effort is ‘essential’ in tackling AI policy issues, says Canadian Digital Regulators Forum

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By Phalen Tynes-MacDonald
| September 18, 2024

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Coordinated effort is ‘essential’ in tackling AI policy issues, says Canadian Digital Regulators Forum

Regulatory | By Phalen Tynes-MacDonald | September 18, 2024

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By Phalen Tynes-MacDonald
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