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Public Testimony

Nurse Michelle Barnaby invokes informed consent for AI risks

New York City Council · Oct 5, 2026 · starts 9:52:09 · 3 min 12 sec

Michelle Barnaby, a NYC nurse studying AI governance, notes no major AI lab could quantify catastrophic risk and compares the situation to informed consent in healthcare. She calls for independent pre-deployment audits, mandatory incident reporting, override switches, whistleblower protections, and developer liability.

Member of the Public - Michelle Barnaby

My name is Michelle Burnaby.

Member of the Public - Michelle Barnaby

I'm a New York City nurse, a Columbia graduate, and a former NYSNA member.

Member of the Public - Michelle Barnaby

Out of concern for the future of patient care and public health, I now study AI governance and safety with Blue Dot Impact.

Member of the Public - Michelle Barnaby

Today, not one of the major labs, Anthropic, OpenAI, Google, or Meta could quantify the risk of catastrophic AI failure.

Member of the Public - Michelle Barnaby

In healthcare, informed consent would apply.

Member of the Public - Michelle Barnaby

We disclose the risk and the patient decides.

Member of the Public - Michelle Barnaby

I can't imagine handing a patient a drug or a device and saying, this may carry a catastrophic risk to you or your family's life, and we just don't know, but you should take it.

Member of the Public - Michelle Barnaby

Right now, the public is the patient, and we are being denied the right to know the risks and the right to say no.

Member of the Public - Michelle Barnaby

Speaker Menon.

Member of the Public - Michelle Barnaby

Rightly noted that we don't ask the airline industry to self-regulate.

Member of the Public - Michelle Barnaby

In hospitals, we report our errors, even the near misses.

Member of the Public - Michelle Barnaby

AI companies.

Member of the Public - Michelle Barnaby

face no such mandate.

Member of the Public - Michelle Barnaby

When you ask if these frontier labs bear legal responsibility for the harm their AI causes, only Google answered clearly.

Member of the Public - Michelle Barnaby

The other three dodged.

Member of the Public - Michelle Barnaby

As a nurse whose entire profession is built on accountability, I find that deeply unserious.

Member of the Public - Michelle Barnaby

Today, I heard the labs say voluntary frameworks aren't enough.

Member of the Public - Michelle Barnaby

We can learn from what happened in Illinois, where third-party audits won't begin until 2028.

Member of the Public - Michelle Barnaby

We don't have time for slow implementation.

Member of the Public - Michelle Barnaby

I think New York can show that government can move with speed that this demands, diagnose the problem, and put safeguards in place quickly.

Member of the Public - Michelle Barnaby

Let's give these frontier labs the regulations they say they want at a speed that makes sense for New Yorkers.

Member of the Public - Michelle Barnaby

Independent third-party audits before deployment, including algorithmic bias, mandatory reporting for incidents and near misses, a required override switch, whistleblowers, and clear development.

Member of the Public - Michelle Barnaby

Developer liability for harm.

Member of the Public - Michelle Barnaby

Thank you so much.

Carmen N. De La Rosa

Thank you so much.

Carmen N. De La Rosa

Thank you so much for your testimony.

Carmen N. De La Rosa

Up next, we have Robert Capel.

Carmen N. De La Rosa

Robert, if you're on, unmute and begin.

Carmen N. De La Rosa

Okay, I'm going to call Daniel Marie Chapius again.

Carmen N. De La Rosa

If you're online and you can hear us, unmute and begin.

Carmen N. De La Rosa

Okay, moving on.

Carmen N. De La Rosa

We will call on Patrick Sullivan.

Carmen N. De La Rosa

Patrick, if you can hear us, unmute and begin.

Carmen N. De La Rosa

We'll move on.

Carmen N. De La Rosa

Tony Jones, if you're on and can hear us, unmute and begin.