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Murphy analyzes three recent news items: progress on the CLARITY Act, the SEC clarification on which blockchain items are NOT securities, and Sen. Marsha Blackburn's proposals to regulate AI.
Related:
- https://www.politico.com/live-updates/2026/03/20/congress/senators-strike-deal-with-white-house-to-resolve-bank-crypto-clash-00837464
- https://www.sec.gov/newsroom/speeches-statements/atkins-remarks-regulation-crypto-assets-031726
- https://www.blackburn.senate.gov/2026/3/technology/blackburn-releases-discussion-draft-of-national-policy-framework-for-artificial-intelligence/3b3b6458-b6c7-478b-9859-374949586765
- https://infineo.ai/bank-of-americas-ceo-warns-stablecoins-could-take-6-trillion-of-deposits
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in five episode 130. My concern is though that it's gonna be hard to draw a line. Like in other
words any kind of general rule you can bring up to say we want to have the ability that if someone
wrote a book that we need to make sure that no company with their LLMs trained on that material
how could you possibly enforce that or how could you know you know I mean like so I think really
this is going to give the government and I'm not saying the Trump administration right now but I'm
saying this power this legislation if it goes through in the way that is being described here
would give some future administration the ability to go to any company that's producing an LLM
and say open up the hood we got to see how are you trying this thing. Welcome to InFi the future of
finance. Hey everybody welcome back to the InFi podcast. Today we are going to cover three recent news
items that are of relevance to Infinio or InFi viewers specifically because these announcements
all have to do with either blockchain or AI and of course you know Infinio you know that's what
we're about here so let me go ahead and just go through them in order with my commentary.
So the first thing is coming from Politico this article I'm reading from was on March 20th
the title is Senator's White House strike quote agreement in principle to resolve bank crypto
clash and the subtitle of the title of agreement could unlock a path forward for landmark crypto
regular bill so I'll just read large snippets here from the opening paragraphs and then I'll
step back and explain the big picture. Key senators say they have clenched a
ton of agreement with the White House on language they hope to include in cryptocurrency legislation
that is aimed at resolving a clash between banks and digital asset firms over stable coin yield
marking a potential major breakthrough for the bill. The agreement between Senator Tom Tellus
Senator Angela also Brooks and White House officials could clear the way for landmark crypto
regulatory bill to advance in the coming weeks. The legislation has been stalled in the Senate
banking committee since January in part due to the riff between banks and crypto firms.
So this is a quote. Senator Tellus and I do have an agreement in principle also Brooks said in
an interview a Friday we've come a long way and I think what it will do is to allow us to protect
innovation but also gives us the opportunity to prevent widespread deposit flight.
Here this is the last thing I'll read here folks. The clash and question has centered around whether
crypto exchanges should be allowed to pay yield to stable coin holders through rewards programs.
Tellus and also Brooks have both been sympathetic to concerns raised by Wall Street groups
that allowing stable coins to pay any kind of yield could lead customers to pull deposits out of
bank accounts. Again they that particular article and I was looking around a bit it wasn't jumping out
as to what is the compromiser that you know the language did they land on that satisfied both parties
at least in principle. I haven't seen that exact language yet so hopefully that'll be announced soon
but let me just explain what the conflict is over. I've covered this for sure in the written blog
posts that I do at the end and finial website. I'll make it a note here. I'll certainly link to
that in the show notes page for this episode. I don't know if I've walked through it here on
the in five podcasts but in any event in case you haven't heard me spell it out before here's
what's going on. So if you think about what is a stable coin so a stable coin it has the same
type of features. It's structurally if you want to use that term similar to something like to
a cryptocurrency like Bitcoin in that it's a token that lives on a blockchain and people can move
that around and it can be decentralized and so forth but the thing that separates stable coins
from Bitcoin and Ethereum and other more obscure altcoins is that a stable coin is the name suggests
it is designed to maintain parity with some other thing and typically and most popularly
government issued fee at currencies primarily the US dollar. Okay so you got things like tether
and circle and so forth and they have there's stable coins that the function of them is to be a
thing that lives on a blockchain but maintains parity with the US dollar. Okay so if just real
briefly I just want to explain what does that have to do with banking and why would stable coins
threaten conventional banks because those quotations I read to you that that's a big concern that
represented as for the banking industry are saying hey if legislators don't get this right
then you're going to leave open the door for massive like trillions of dollars in deposits leaving
the conventional banking system and going into stable coins right and we'll be shocked to learn
that the bankers don't want that to happen and they're telling people that wouldn't be bad
so that's what's going on so let me just explain like what is the connection what does that
do with anything and this is interesting because like I kind of stumbled upon this myself just to
my own research so my academic background for those who don't know is I wrote on money in banking
like the theory of it and you know I'll imagine a system that was unregulated and what market
forces would kick in and what would regulate banks that way and you know would there be wildcat
banking and fly by night banks with no reserves and stuff like that and how did that work and I've
done a lot of work studying historical periods where the banks were relatively unregulated and
they issued paper notes that were redemption claims on the actual gold or silver coins that were
stored in the vaults so would I notice pretty soon as I started working on stable coins was that
huh there's a sense in which stable coin issuers are kind of like old school banks in conventions
of the wild west that's a bit of a misnomer because the wild west wasn't that wild but in any
event that's the idea and I realized oh this actually might provide fertile ground to test some
of the theories that my economic or economist colleagues and I had about what would a world look
like if you had you know you didn't have the government coming in and insisting on reserve ratios
and just banks could do whatever they want but you know there would be competition the public
would be more reassured if a bank had higher reserves than another bank and you know that kind of
thing and so realized the stable coins before the genius act actually allowed that and so the idea is
you got some company that's issuing stable coins that says for example if you have one of these
coins they should always trade near one dollar and so go ahead and you can view this thing as being
just about equivalent to actually having a dollar on deposit with a conventional bank somewhere
you go log into your online checking and yet I've got a hundred dollars in my checking account
with Bank of America or whatever and so stable coin issuers want you to believe oh if you just
have a hundred of our tokens that live on a blockchain that's basically the same thing is having a
hundred dollars and so what mechanisms could they use to convince the public that they should go
ahead and do that that that wouldn't be a foolish thing to do to or another way putting it
someone wants to sell a car certainly they would take an electronic payment if you could sell
on the money or something or if you wrote them a check and they didn't think it was going to bounce
or even better if you had like a cashier's check or something if you had a money order on the
post office right various ways of communicating there's some other reputable company that is good
for this and here you go I'm going to transfer it to you and so likewise if somebody's trying to
pay you five thousand of these things that are supposed to be one dollar each you say what is
oh it's a stable coin it's issued by this company so what types of things would
would merchants want to know to reassure them okay yeah I could take these things and that's
basically the saves of someone writes me a checker swipes their debit card or whatever
tied to a conventional bank so obviously the practice like if they've heard of it before it's been
around for a while in their experience oh yeah I've never had trouble unloading this it's widely
accepted community but then pushing it back what's the bookable why would the community accept
in the first place like how do we get there and so one obvious thing is the backing to say you
know if you wanted for example you could turn these stable coins into the issuer and say I would
prefer to have whatever if these are supposed to be one dollar well here's ten thousand of them now
you give me ten thousand dollars wire to my checking account and so if the stable coin issuer were
willing to do that had a redemption pledge maybe not for people with just a handful but like for
a minimum threshold but they had that that would provide a floor but then I push back the question
another stop say okay but how are they able to honor that redemption it's one thing if the company
issuing the stable coins just says oh don't worry we're good for it and so that's why you should
feel safe taking these in transactions or holding them yourself right you know you you want to take
some profits on your bitcoin and so instead of going out back into fiat and having money in your
checking account instead you just trade on some exchange somewhere some of your bitcoin
for the amount of stable coin that you want to have quote in cash right and so again the stable coin
issuers are trying to get the public to feel safe allocating some of their portfolio to their particular
stable coin right and so how do you do that it's sure it helps to announce to the world don't worry
if you have 10,000 of these things or more and give them to us within 48 hours we will wire
the money into your checking account okay that's good but that promise needs to be credible
and so then that leads to oh okay so here's our portfolio right because that's the business model
people wire or somehow get us dollars into the coffers of the stable coin issuer and then they
mint the corresponding number of stable coins against that incoming payment less but transaction
beyond minting fear whatever okay and so that now the stable coin issuer has a bunch of money that
just came in they issued stable coins and so how can they honor their commitment to redeem upon
demand well they can go put those payments to work and they can build up a portfolio of assets
okay so if you're familiar with the history of banking this is exactly what old school banks would
do right people would come in with a bag of gold coins or silver coins deposit in their checking
account and then they would get some kind of paper from the bank whether it like it could be literal
bank notes or it could be a checkbook ledger and then they go around town spending the notes
in that and the merchants would accept the notes at par with the golden silver coins if they
trusted that oh yeah the bank's good for it but then now what do the banks do typically they
wouldn't just put it in the vault and let it sit there and have a hundred percent reserves instead
they might lend some of it out or they might take some and go put it into certain investments or
whatnot by bonds with it okay so that's the issue and so in that context a hundred percent
reserves meant is it all the gold and silver coin is it sitting in the vault and so that's the idea
all right and so again you see that with stable coin issuers okay so now to continue the analogy with
banking and this stuff that I kind of it was just interesting from my perspective to have all
the stuff dovetail because I was kind of just doing this in my head in the corner when I was first
getting into this stuff and then to see that oh yeah this is you know other people are landing on
the same conclusion it was clear to me that if the government didn't step in and start regulating
this sector that where the market was going to go is that new people issuing new types of stable
coins perhaps backed up by different types of collateral or assets how would they gain market share
so you're some newcomer you have some new asset that you want to or you think you have like
whatever user interface that's more convenient or whatnot how are you going to get people to hold
your stable coin instead of holding USDT or USDC you know which were the market leaders because
among other attributes of a good stable coin is deep in liquid markets right if you're sitting
on a bunch of stable coins you want to know oh if I need to trade them away I don't want to get stuck
where oh if you try to sell too many of them on a given day you're going to push the price down
or so you don't want that to happen no you want them to be quote as good as a dollar anytime
all right and so other things equal the deeper and more liquid the market the better and so again
if you're this upstart how are you going to compete so right now tether's model was they would
take in all the dollar payments issue tether stable coins against it and then they would go invest
in a portfolio of assets consisting of a large chunk of treasuries but not exclusively and then
that portfolio would earn a positive return over time they invested in yield generating assets
with the people holding tether weren't getting any interest payments no it was a dollar that was
what it was just like if you're walking around a hundred dollar bill that's a Federal Reserve note
that's a note issued by the Federal Reserve Bank you don't earn interest on that so likewise old
school stable coins did not pay interest that they were just serving the function of representing
a dollar for example and that was good enough that's what I was supposed to do just like
if you had a ten dollar bill in your pocket that was serving a purpose and you'd have some
allocation of your assets to literal currency in your pocket okay so again if you're a newcomer trying
to break into that market or industry what would you do you'd have to start sharing some of that yield
with your clients and the way that would work or one way it could work because you still want to be
a stable coin you just want to be out on my stable coin is always one dollar or you know very close to
it 0.9988 okay and so what would you do then like if you if the assets you invested in
yielded whatever 8% on average then maybe what you would do is the issuer is you would pocket
three and pay five to your customers and so what that would mean is like over time your portfolio
quote backing up the outstanding stable coins would grow by let's say 8% so you could issue 8% more
stable coins and the idea is you would pocket three distribute it to your shareholders or put it
in the company coffers as a reserve fund or something and then of the other 5% of newly issued stable
coins you would distribute them pro rate up to your existing holders right so somebody who was
sitting out a hundred of your stable coins over the course of the year would receive five more
stable coins as they were newly minted right so each one is still a dollar roughly
but they would earn the right to receive more over time so that's what I thought would have happened
in the old school development if it were laissez faire of governments around the world kind of
where hands off and just as buyer beware do what you want we're not getting involved in this
I think market forces would have pushed that and also they would have insisted on more
transparency and demonstration of reserves and I think the market would have sorted itself out the
people who really absolutely wanted to be sure that their wealth was going to be there they might
have gravitated towards stable coin issuers who didn't offer a yield but it just really held
their portfolio in extremely liquid safe acid like conventional checking accounts or even $100
bills stored in you know vault and Switzerland or something right because checking your accounts can
fail that's is what Silicon Valley bank showed right so it's just because you're a stable coin issuer
and have your money literally in checking account balances that doesn't mean everybody's safe because
the bank could go now all right so you could do that or ones who wanted to earn some yield because
they yeah we're okay we don't insist that you this stable coin issuer have it all in whatever one
months he bills or $100 bills stored in the vault and Switzerland go ahead and you can put it in
things that are a little less liquid but not crazy and you give us whatever 4% a year and other
people might want more aggressive things and they want to get a higher yield so again these arguments
mirror the arguments that other economists and I would have over just conventional banking going
back 20 years the arguments are longer than I was saying me 20 because of my age I didn't dive
in these arguments until 20 years ago okay so anyway with all that context now what happened was
the genius act came along last year and explicitly forbade payment stable coin issuers so that
adjective meaning if what you're trying to create is a payment stable coin like something that's
intended to be used to replace other types of dollars for online payment transactions and you
owe somebody money or something is being sold for a price and you're sending these stable coins over
as the way to buy it if that's what these things are for then the genius act said the issuer that
is not allowed to pay interest on it okay and you can see you know at that point I commented and
said clearly the banks have to be involved here like they they must fear the competition because
of the stable coin issuer could pay interest again now that's like a checking account that has the
pays interest and so more and more people might say well why am I doing my online banking with
Bank of America or Chase or whatever when I could just get into stable coins and especially the
biggest stable coin issuers that seem to have a lot of assets under management their portfolios
back in the stuff up and they got a good reputation and track record and so forth and they pay
whatever 5% that's pretty good and they're open 24-7 you know it's not like
they're closed over on the weekends and holidays and stuff like your regular bank might be
so you could see how being able to pay interest would threaten conventional banks so the genius act
forbade that but then we finally now get caught up to where we are right now that's still left
a loophole right so yes the issuer of the stable coin under the genius act couldn't directly pass
through a yield like in the way I said for example that oh if you just hold our stable coin
it's not that its unit value goes up over time because no it's supposed to be stable that's
the whole point of it but that we as we mint more as our assets grow and now we have like a bigger
base to support newly minted stable coins to maintain whatever the ratio is to the backing that
we're telling the public we hold to mint more and distributing the people based on how many of
the already hold so the genius act made that illegal can't do that all right but there was
a way around that you can call a loophole if you want and other places would say okay well what if
you just take your stable coins and park them with us and then we will pay you a yield for that
so instead of the issuer of a stable coin saying hey let's call them widgets to be funny because
that's you know economists always use that as a generic term so if some stable coin called the
widget stable coin and you issue a hundred of them you're holding a hundred and then over time
you know the widget company earns 8% per year and a mint 8% more and give five to you can't do
that but what if instead there's some deal where coin base says hey if you deposit your
widget stable coins with us we will pay you 5% per year for that so you put you so you know
technically the way the contract is structured is it's not that the widget issuer is minting more
and giving to you that no it's a stable coin just you know you just hold it but then coin base is
saying if you keep if you park a hundred here and keep them there for a year well the cost of
your give you five more and add those to your account so there I mean that's like how conventional
bank works if you have a thousand dollars in currency the federal reserve doesn't print more 10
dollar bills and mail them to you but no the way you can make your current amount of cash turn
into more cash as you can go down your local bank hand it over and say I'm going to park my cash
here with you how much will you pay me for that so nowadays checking accounts don't offer a very
high yield but in principle they do and back in the day there was a more attractive yield okay so I'm
saying that's what where the market went in the genius act kind of solidified that it's okay we
can work with that and so still it then especially so here I don't know exactly what sorts of
deals behind the scenes the stable coin issuers had with exchanges like coin base and whatever
so here I'm just saying hypothetically the way you could take what I was talking about originally
and just not do it is the widget stable coin issuer could still be earning 8% on its assets
we could still tell the public we've got these things backing it up you know putting it in short
term investments that roll over every three months or whatever so that they can tell the public yeah
unless you know for large redemption requests were good they would know if there's a huge run
on the bank we could be in trouble but for normal expected redemption requests were good
and they earn a pretty safe 8% return and they want to get 5% of their customers but they can't do
it directly so what could they do they could somehow cook up a deal with coin base and say if you show
us how many people have things on deposit with you we will pay you and they could call it something
else they could say whatever performance fee or marketing budget or whatever okay so I'm just
saying that's one way they could do it and so you could still have on paper being compliant with
the genius act and yet still it's economically kind of the same thing all right so there I've just
explained where the conventional banks are coming from they're saying hey if you bought what we
were telling you about why in the interest of protecting the public because that's always I was
trying to the public right that stablecoin issuers can't directly offer yield well now you can
see the banks would argue that these exchanges and whatever they can't pay you interest or whatever
give you some kind of fee for keeping your stablecoins parked with them because it's just kind of
the same thing okay but now the exchanges and stablecoin community and come back and say no
you're right if the exchange didn't do anything with it then yeah would be kind of same thing
but that doesn't exhaust all the possibilities there really are examples where the exchanges or other
entities are acting as true what you would call credit intermediaries where people are
handing over their stablecoins to them you can use the verb like to stake them or lock them up
or whatever terminology you want to use relinquishing control temporarily and then that intermediate
institution is passing it through to other recipients who then go do something with it engaging
in real economic activity to generate a yield that way and then they pass some of that return
back to the people whose capital made it possible okay so there the analogy would be with conventional
banking it's not people putting their money in a checking account just for safe keeping but
they think it's always there instead it would be like if you bought a certificate of deposit from a
bank in the bank you know give you a five percent yield because then the bank took those funds
and lent it out to whatever some other business or something put into a shopping mall who knows
what and at the bank earn whatever an eight percent yield on that and then pass five percent
back to you is a certificate of deposit holder okay so there there's nothing fishy going on with
that it's just the bank is acting as the people buying the CDs from the bank are happy
to take a lower yield than the investments that their money is ultimately funding
because the risk is borne by the bank that the banks promising them with this example five percent
yield and then the banks go on out and get in it somewhere and so the public defers the bank is a
better credit assessor and there's pooling elements and things like that that the individual
saver the individual household doesn't necessarily want to go and invest directly in some shopping mall
because it's too risky they'd rather just buy CDs from the bank okay so the pushback from the
crypto side with all this stuff is to say that is a legitimate economic function that stable coins are
helping to facilitate and so you can't just have a blanket prohibition saying nobody can pay
to have control of somebody else's stable coins because then you'd be killing that whole
sector and so that's where we are and that's what they're trying to hammer out in this so-called
clarity act is to come up with a way to say can we prohibit this sort of call it sterile
just storing your stable coins somewhere and the people are paying you for that versus
your transferring control of your stable coins is somebody else because they're going to go do
something productive with it or that gives a genuine return to them from some outside enterprise
and that's what they're paying you for so that's where we are okay next news item Paul Atkins
the SEC chair on March 17th gave a speech at the DC Blockchain Summit the title of which was
a regulation crypto assets colon a token safe harbor okay so here let me just I'll skim the first
few paragraphs here and you'll get a gist of it so this is good afternoon blah blah blah it's
our pleasure to join you today to discuss a subject that says the center of American innovation
capital formation and the enduring principles of our securities laws this is for over a decade
market participants have operated without clear guidance on the fundamental question when does
a crypto asset implicate the federal securities laws today I am pleased to announce that the SEC's
persistent failure to provide clarity on this question is over as we speak the commission is
implementing a token taxonomy an investment contract interpretation our interpretation grounded
in existing law and informed by extensive public input establishes four asset categories that are
not deemed securities namely digital commodities digital collectibles digital tools and payment
stablecoins under the genius act so here's one more section here folks with these categories in place
the interpretation then clarifies that only one crypto asset class remains subject to the securities
laws namely digital securities which are traditional securities that are tokenized this distinction
returns the commission to its core mission in statutory authority of protecting investors involved
in securities transactions we are not the securities in everything commission anymore okay so I'll
stop there so that's kind of a clever plan words that he did there that the SEC securities and
exchange commission and he was saying so in the print you know he's got securities and everything
commission and the e and everything is capitalized so he's saying we're not the securities and everything
commission anymore okay so I think this is a great development I got this they have to hammer this
all out and everything but this is kind of the announcement they're saying this is where we're going
with this and specifically you don't know the backstory it has been unclear what types of things
qualify as securities and hence would be subject to the jurisdiction of the SEC and the reason this
matters is that there's a huge regulatory framework that falls on you if what you're doing
is a security whereas if it's not then you know you can there's much more leeway and it's easier
for you to go ahead and get in dabble in this stuff okay and so you know up till now people
would want to operate this sector would prefer than it not be a security but the thing that
really doesn't work is if you don't know if it's going to be a security or not right you don't
want to build a whole business model and go ahead and launch and then the SEC comes in this is
what do you do and you're in violation right so that's really what you know what so this thing
I think given that the federal government exists and regulates this stuff this is very sensible
and I have a lot of problems with various things the Trump administration is doing but in terms of
them being clear on regulating the blockchain financial space I think they've done much better
certainly than would have been the case said Kamal Harris wasn't the election okay just to give
a little bit here of the background so the quintessential securities are like stocks and bonds
whereas gold is actually a commodity just like oil or something pork bellies and
traditional currencies like what's a US dollar is that a security well no it's you might call
a medium of exchange and so this all dovetails with economic categories as well so a security being
like a financial claim on something whereas even a gold coin back in the day was not a claim on
anything right just the hunk of metal now it served financial functions you know I have to say
that but it really it wasn't a security okay the way a share of corporate stock is or a bond
issued by a company would be right it doesn't obligate anybody else to do anything on your behalf
it ironically even modern government fee currency like a 10 dollar US bill you might say oh well
this is a note issued by the federal reserve okay but it doesn't really obligate the fed to do
anything what are you gonna do with it you can go ahead and turn it 10 to get 10 signals or get two
fives but it's not binding the fed really the same way that if you own a share of google or something
okay so given that then over the years people are like what's Bitcoin what is that how should
it be classified in terms of right the regulatory framework like how do we plug it in to the pre
existing pattern the taxonomy of different types of financial instruments or things and what
regulations are applicable and like I said it it has been somewhat vague but I always thought in
terms of economics and said look you can think of Bitcoin as like a digital gold or you can think
of it as like a digital currency and so since actual gold and actual currencies neither them
is a security with a Bitcoin shouldn't be either right and so in traditionally that it has been
exempt thus far but again it's it was a bit vague but that other things weren't so obvious things
like stable coins for example what is that okay so that's the context and so that's why this ruling
is so certain this framework that he's talking about is so significant because again for one thing
you can see by his tone there if he was talking to Perry Ann Boring in the beginning addressing it
to hers the host of this conference and we've interviewed her here in the infi podcast it's crypto
and blockchain friendly the current administration okay so in any event that's welcome development and
I'm hoping that proceeds as swimmingly as the chairman indicated okay and then there's the last
news item here Marsha Blackburn on March 18th released a discussion draft of the national policy
framework for artificial intelligence so I'll just read a little bit here from her websites
press release so Marsha Blackburn is Senator from Tennessee today US Senator Marsha Blackburn
released a discussion draft of her legislative framework to codify President Trump's executive
order to create one rulebook for artificial intelligence that protects children creators
conservatives and communities from harm while ensuring United States wins the global race for AI
supremacy quote instead of pushing AI amnesty President Trump rightfully called on Congress to pass
federal standards and protections to solve the patchwork of state laws that has hindered AI
innovations since Senator Blackburn now Congress must answer is called to establish one federal
rulebook for AI to protect children creators conservatives and communities across the country
and ensure America triumphs over foreign adversaries in the global race for AI dominance
the Trump America AI act is the solution America needs okay so with all this stuff
the idea that all the states are all regulating it's a patchwork and then you want to have one
federal standard that's true you had that trip just about and everything when I was working
in the energy sector that was a big thing there like various states would have different
standards for like emissions and the you know gasoline purity and stuff like that or re-renewable
mandates for electricity production things like this and so it was always a trade-off that hey
you know a lot of the industry groups wanted just a federal standard but then the other
the flip side is when you had experimentation you might get a sense of okay if some state
tries one thing another you can see which one is better or you can get some experimentation and
you know 50 different experiments as it were okay so anyway that trade-off always exists
does here as well but beyond that again just big picture it's always easy to point to some
abuses and then say and this is why we need regulation to stamp that out and blah blah blah but
you guys got to look at the potential downside okay so for here I understand just like in the
blockchain space that yeah the AI's new and people are going to be afraid to develop if there's
no standards in place like that's all true here as well but the particular thing for here
Marshall Blackburn's version of it there were a few things that jumped out that I think should
concern people and so here I'll just be just give you few specifics so one thing is under the
section of protecting creators it says these are bullet points makes clear that an AI models
unauthorized reproduction copying or processing of copyrighted works for the purpose of training
fine-tuning developing or creating AI does not constitute fair use under the copyright act
okay and then it also protects the voice and visual likenesses of individuals and creators
from the proliferation of digital replicas without their consent okay so I understand
where they're coming from with this right so that it does seem you know if you people have written
stuff and then they realize that oh anthropic or open AI used my stuff when they were training
their latest models and they didn't pay me for it and so now their model you know part of its
usefulness is that it knows the stuff that they got from scanning in my books my textbooks or whatever
they went to my lectures online and I charged for it somehow they got into that and now their
LLM knows all my stuff and that's partly why others pay them for it is because this thing is so
knowledgeable and they never paid me so if someone did that to a lesser extent someone just
took my books and included that in a bigger book that they then sold Barnes and Noble I would
clearly sue them you can't do that right as my stuff's copyrighted so how is it different right so
you get that and then also yes oh what's her name I'm blanking on her name but the actress that
played Mallory with Michael J you know the sister of Michael J Fog is a family ties I think but
anyway that's what her things now is she's very up in arms against using AI in Hollywood and
just more generally the arts that apparently what they'll do is they'll have some actor actors come
in go into some booth and it'll you know just scan them from a million different angles and
things and then just completely capture their you know take their voice or whatever and then now
they can go make a movie an AI generated movie with that person in there as a character because
they got all the measurements and requirements they need to be able to then generate the live
action performance but even beyond that then if somebody even more so like yeah I'm sure everyone
seen the funny AI videos of there was recently one where JD Vance was like a college basketball star
and they had RFK junior commenting like he was the coach or something so yeah they people make
these funny things and obviously then go get permission from the people to do it and so this is
a burgeoning new industry as a work cottage industry at the moment so you can see how yeah people
are concerned they want to place some limits on that my concern is though that it's going to be
hard to draw a line like in other words any kind of general rule you can bring up to say we want
to have the ability that if someone wrote a book that we need to make sure that no company with
their LLM trained on that material how could you possibly enforce that or how could you know you
know I mean like so I think really this is going to give the government and I'm not saying the
Trump administration right now but I'm saying this power this legislation if it goes through in the
way that is being described here would give some future administration the ability to go to any
company that's producing an LLM and say open up the hood we got to see how are you training this
thing because we want to make sure that you're not using unauthorized or the flip side it's going
seriously crimp their ability to generate content and to give the power to users to generate
content if it's like oh no you can't you know anything that resembles somebody is off limits
because also too it's like well imagine like a political cartoon like Dunesbury or something
for those familiar with that clearly political commentary and satire involves taking today's
politicians and putting them in situations and having them say things right we do the political
cartoon it's not that Raul Reagan could have objected and said hey I didn't give you permission to
use my likeness when you're making fun of Star Wars the Star Wars program or Iran Contra
and so I'm saying that this is going to give the government a huge club with which
to crack down on any AI producing company that they want to all right and the last one I'll point
out is this particularly ominous is it says here in the section of protecting children places a
duty of care on AI developers and the design development and operation of AI platforms to prevent
and mitigate foreseeable harm to users again like yeah who could be against mitigating harm to users
right and there are crazy cases right now going around I haven't dug into the details but I think
some of these are legit like that this actually happened where people were depressed and we're
talking to an ally you know chatting with an ally or whatever talking about the in the thing
apparently like advise them on how they could take their own lives again I haven't gone in
and invented those claims to see but as far as I know that has happened okay and so yeah
something like that happens is you'd expect the government to come in and say hey geez we should
maybe put some regulations in place to stop that but then look at the next bullet point is
in the section sunsets section 230 all right so what what is that case you don't know
section 230 of the 1996 Communications Decency Act is a foundational US law protecting
online platforms from liability for user generated content it states that interactive computer
services are not treated as the publisher or speaker of information provided by others
enabling moderation of offensive material without losing immunity okay and so the
gist of section 230 is that it says Facebook Twitter other places online forums
by them allowing people to come in create user accounts and then post content that other people
can see that overarching entity that's facilitating that providing the forum or the platform
is not publishing all those things so it's not like a magazine that individual contributors
write it in the magazine publishes those articles and so if the magazine published something that
was liable us or defamatory whatever like they might be liable just as the author is okay whereas
what section 230 established was no Facebook is not responded so many publishes something you know
post something on their Facebook profile you can't sue Facebook for that and also it gives leeway
that Facebook is allowed like they can have a rule saying if we catch you saying ed off Hitler
was great we're gonna take that down and you can't post I'm not gonna get into the digit but certain
things you're not allowed to post on Facebook company policy and the point is the fear was that
without section 230 if the company did have minimum standards like that well then it would almost
be like oh so that means they're saying as long as you abide by these standards then we approve
and endorse anything you do post and we stand behind it so that if somebody were to post something
that was slanderous or liable us or defamatory but it didn't violate you know you can't post a
swastika and stuff whatever the other official company policies are then that meant Facebook was
cool and then they could be liable too so blackburns outline there of what she wants to do it
explicitly says it's going to remove section 230 protection from you know AI platforms and again
I think then you could just see it how much that would arrest development because now again the
companies developing the AI tools and elements and things like that if they have to worry we'll wait
a minute if some customer takes our thing and then goes and does something with it you know we
were held liable pretty broadly if we don't have the section 230 protection and again with this
stuff you can see the tradeoff that you understand the impetus for well hey we want to make sure
that the public's not doing crazy dangerous things with these new tools and it would be irresponsible
for their manufacturers as it were to not put safeguards in place but again the flip side of that
is all right but then the old adage to give the government the power to stamp out evil also
gives the power or the government the power to commit a bunch of evil that's the tradeoff here so
in any event if that case that was on your radar I did want to just bring your attention that
under the seemingly non objectionable guys of protecting children and conservatives and communities
and other people copyright holders and the other sees that that sentence had there was a lot
in here that would give certainly future administrations a lot of power over the course of AI
development and again would give the government the ability to come in and say hey we want to look
and see your training how that work what are the weights on these parameters and so forth because
we want to have our people look at this and make sure you're in compliance with the law
all right that's my summary of three recent news items thanks for your attention everybody see
next time this concludes another episode of InFi the future of finance with Dr. Robert Murphy
the information provided is for educational purposes and does not constitute financial advice
consult with qualified professionals before making any financial or investment decisions
for more information on the host and for previous episodes visit infinio.ai
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InFi: the Future of Finance



