California, Tell Governor Newsom: Regulate AI Police Reports and Sign S.B. 524

The California Legislature has passed a necessary piece of legislation, S.B. 524, which starts to regulate police reports written by generative AI. Now, it’s up to us to make sure Governor Newsom will sign the bill. 

We must make our voices heard. These technologies obscure certain records and drafts from public disclosure. Vendors have invested heavily on their ability to sell police genAI. 

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AI-generated police reports are spreading rapidly. The most popular product on the market is Axon’s Draft One, which is already one of the country’s biggest purveyors of police tech, including body-worn cameras. By bundling their products together, Axon has capitalized on its customer base to spread their untransparent and potentially harmful genAI product. 

Many things can go wrong when genAI is used to write narrative police reports. First, because the product relies on body-worn camera audio, there’s a big chance of the AI draft missing context like sarcasm, culturally-specific or contextual vocabulary use and slang, languages other than English. While police are expected to edit the AI’s version of events to make up for these flaws, many officers will defer to the AI. Police are also supposed to make an independent decision before arresting a person who was identified by face recognition–and police mess that up all the time. The prosecutor of King County, Washington, has forbidden local officers from using Draft One out of fear that it is unreliable.
Then, of course, there’s the matter of dishonesty. Many public defenders and criminal justice practitioners have voiced concerns about what this technology would do to cross examination. If caught with a different story on the stand than the one in their police report, an officer can easily say, “the AI wrote that and I didn’t edit well enough.” The genAI creates a layer of plausible deniability. Carelessness is a very different offense than lying on the stand. 

To make matters worse, an investigation by EFF found that Axon’s Draft One product defies transparency by design. The technology is deliberately built to obscure what portion of a finished report was written by AI and which portions were written by an officer–making it difficult to determine if an officer is lying about which portions of a report were written by AI. 

But now, California has an important chance to join with other states like Utah that are passing laws to reign in these technologies, and what minimum safeguards and transparency must go along with using them. 

S.B. 524 does several important things: It mandates that police reports written by AI include disclaimers on every page or within the body of the text that make it clear that this report was written in part or in total by a computer. It also says that any reports written by AI must retain their first draft. That way, it should be easier for defense attorneys, judges, police supervisors, or any other auditing entity to see which portions of the final report were written by AI and which parts were written by the officer. Further, the bill requires officers to sign and verify that they read the report and its facts are correct. And it bans AI vendors from selling or sharing the information a police agency provided to the AI.

These common-sense, first-step reforms are important: watchdogs are struggling to figure out where and how AI is being used in a police context. In fact, Axon’s Draft One, would be out of compliance with this bill, which would require them to redesign their tool to make it more transparent—a small win for communities everywhere. 

So now we’re asking you: help us make a difference. Use EFF’s Action Center to tell Governor Newsom to sign S.B. 524 into law! 

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