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Did Google's Duplex Testing Break the Law? (daringfireball.net)
An anonymous reader writes:
Tech blogger John Gruber appears to have successfully identified one of the restaurants mentioned in a post on Google's AI blog that bragged about "a meal booked through a call from Duplex." Mashable then asked a restaurant employee there if Google had let him know in advance that they'd be receiving a call from their non-human personal assistant AI. "No, of course no," he replied. And "When I asked him to confirm one more time that Duplex had called...he appeared to get nervous and immediately said he needed to go. He then hung up the phone."
John Gruber now asks: "How many real-world businesses has Google Duplex been calling and not identifying itself as an AI, leaving people to think they're actually speaking to another human...? And if 'Victor' is correct that Hong's Gourmet had no advance knowledge of the call, Google may have violated California law by recording the call." Friday he added that "This wouldn't send anyone to prison, but it would be a bit of an embarrassment, and would reinforce the notion that Google has a cavalier stance on privacy (and adhering to privacy laws)."
The Mercury News also reports that legal experts "raised questions about how Google's possible need to record Duplex's phone conversations to improve its artificial intelligence may come in conflict with California's strict two-party consent law, where all parties involved in a private phone conversation need to agree to being recorded."
For another perspective, Gizmodo's senior reviews editor reminds readers that "pretty much all tech demos are fake as hell." Speaking of Google's controversial Duplex demo, she writes that "If it didn't happen, if it is all a lie, well then I'll be totally disappointed. But I can't say I'll be surprised."
John Gruber now asks: "How many real-world businesses has Google Duplex been calling and not identifying itself as an AI, leaving people to think they're actually speaking to another human...? And if 'Victor' is correct that Hong's Gourmet had no advance knowledge of the call, Google may have violated California law by recording the call." Friday he added that "This wouldn't send anyone to prison, but it would be a bit of an embarrassment, and would reinforce the notion that Google has a cavalier stance on privacy (and adhering to privacy laws)."
The Mercury News also reports that legal experts "raised questions about how Google's possible need to record Duplex's phone conversations to improve its artificial intelligence may come in conflict with California's strict two-party consent law, where all parties involved in a private phone conversation need to agree to being recorded."
For another perspective, Gizmodo's senior reviews editor reminds readers that "pretty much all tech demos are fake as hell." Speaking of Google's controversial Duplex demo, she writes that "If it didn't happen, if it is all a lie, well then I'll be totally disappointed. But I can't say I'll be surprised."
Found the relevant line:
For the purposes of this section, “person” means an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.
An AI is none of those things.
...
Banks, insurance companies, and other big business tend to have pre-recorded "this conversation may be recorded for quality assurance and training purposes" before you're passed to a live person. Tada, permission given for google to record for QA and training of Duplex.