Harley GeigerThe Hacking Policy Council filed comments with the Copyright Office in support of ethical AI hacking. The comments urge the Copyright Office to establish an exemption to Section 1201 of the DMCA for independent good faith testing of AI systems for bias, discrimination, & harmful output.
By identifying and disclosing algorithmic flaws so that they can be corrected, AI alignment research and AI red teaming are beneficial practices to help ensure the trustworthiness, and fairness of generative AI systems. However, DMCA § 1201 prohibits bypassing access controls to software without permission of the copyright owner, which can restrict independent AI alignment research.
DMCA § 1201 already has an exemption that protects good faith security testing, which has proven to be beneficial to the overall security of the tech ecosystem. But, as the Hacking Policy Council detailed in a recent white paper, AI systems are tested for a variety of potential harms - not just security.
So, the Hacking Policy Council urged the Copyright Office to establish an exemption under DMCA § 1201 to protect research where the researched bias or misalignment may not directly affect security or safety (for example, research demonstrating flaws that cause a generative AI system to engage in racial or gender discrimination, or to produce synthetic child sexual abuse material). The Hacking Policy Council suggested adapting language from the existing security research exemption and Executive Order 14110.
Extending protections for AI research and red teaming under DMCA Section 1201 not only fosters responsible development, but also promotes transparency, accountability, and trust. By addressing potential legal gaps and uncertainties, we can establish frameworks that improve and preserve #AI alignment, ultimately safeguarding both technological advancements and societal interests.