EPIC's Mayu Tobin-Miyagi supports chatbot liability and private right of action
Mayu Tobin-Miyagi, attorney at EPIC, says AI companies should not release uncontrollable products and avoid liability. She points to ongoing harms including surveillance pricing and worker surveillance, and supports Intros 2599 and 2600 on chatbot liability and private rights of action.
Good evening, Speaker Menon and members of the Council.
My name is Mayu Tobin-Miyagi, and I'm an attorney at the Electronic Privacy Information Center, or EPIC.
EPIC is an independent nonprofit organization established in 1994 to secure the right to privacy in a digital age.
Thank you to the council for organizing this hearing and putting the AI companies on the spot.
There is no reason that AI companies should be able to release products that they cannot control and then avoid liability.
Despite the hypothetical harms that receive attention, there are ongoing harms that are currently affecting New Yorkers.
The council should focus on holding AI companies liable beyond transparency measures.
AI companies are deploying AI agents that seek as much sensitive data about its users as possible, training its AI models by default with questionable privacy practices and cybersecurity risks.
Other harms include AI chatbots that produce false or dangerous outputs, businesses using surveillance pricing, or employers surveilling its workers for union campaigns.
Some of the bills considered today would address some of those real harms.
Intro 2599 would implement a version of the People First Chatbot Bill, which EPIC developed with Consumer Federation of America and Fair Play.
The bill would treat chatbots for what they are, products, and hold accountable the company
that make them when they cause harm.
Intro 2600 would similarly impose common sense liability on AI companies with a private right of action.
We support these bills and urge the council to ensure that there are sufficient enforcement resources.
We urge the council to prioritize these bills that address these harms that are already affecting New Yorkers.
Thank you for the opportunity to testify today and happy to answer any questions.
Thank you.