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AI, Emerging Technologies and Compliance with Tracy Kosa

Before she became an adjunct professor at Seattle University, Tracy Kosa’s computer’s hard drive, containing all her academic work, suddenly failed. Without much deliberation, she swiftly replaced it, only to receive a surprising call six months later from a kind stranger in Newfoundland. He had purchased her hard drive from a third-party reseller and offered to return it. This incident prompted deep reflection: how did she, considering herself reasonably astute, overlook the implications of handing over sensitive data? Without any background in computer science, this led her to delve into the intersection of computers and human rights.

Technology and Human Rights

Her journey led her to an electronic health agency in Ontario tasked with creating a province-wide health record. Recognized for her academic work on privacy, Tracy began presenting at conferences. A Microsoft representative intrigued by her work eventually suggested a move to the private sector.

Over the years, she worked in various government sectors, managing adoption records, overseeing child sex offender registries, administering subsidies, and coordinating housing and road infrastructure projects. Through these experiences, she recognized the growing importance of understanding computer systems in effectively handling and processing such critical information.  As governments transitioned to networked systems, her concern grew about the vast amounts of data generated and the potential impact on consumer privacy. Tracy focused on network architecture, fascinated by how computers communicate and the data generated at that level.

Career Growth and Discovery

While grappling with the effects of personal information that individuals no longer control—including what information is created, shared, and observed about them, as well as the potential influence on behavior through AI—Tracy found herself presenting at various conferences as part of her academic engagement. At one such event, a representative from Microsoft approached her, intrigued by her work. This led to a four-year tenure at Microsoft, initially in the central privacy team and later in the company’s legal division, known affectionately as”’the law firm.” Her journey continued through roles at Google, Alexa, Meta, and beyond, marking an intense period in her career. 

Eventually, feeling the need for a break, she founded PrivacyAnd, a company through which she aimed to rediscover her passion for privacy. This venture reaffirmed her commitment to the field, highlighting the necessity for updated conversations and paradigms in light of advancing technology.

PrivacyAnd also allowed her to refocus on areas of interest, such as assisting activists in safeguarding their location data, engaging with students on AI’s future implications for privacy, and collaborating with civil society leaders on reshaping societal norms exacerbated by AI. These efforts encompass addressing biases in training sets for algorithms, including products like predictive justice and healthcare, bringing both fulfillment and enjoyment to her endeavors.

AI and Compliance

When considering AI in the context of compliance and client interaction, Tracy reflects on its existential implications. AI transcends technical debates about generative, independent, or autonomous forms—it signifies a loss of control. Even esteemed scholars in AI, tracing back to Turing’s era in the forties, struggle to decipher its workings as machines increasingly self-train in opaque, nearly inexplicable ways.

For Tracy, this underscores the critical role of compliance. It serves not only as a safeguard but as a mechanism to slow down the rapid advancement of AI, allowing human understanding to keep pace. Moreover, it necessitates a paradigm shift in how data and machines are discussed—moving beyond traditional dialogues to incorporate ethics into compliance frameworks explicitly. Compliance professionals are ideally positioned to navigate these complex questions, ensuring that ethical considerations are integral to the evolving landscape of AI and data usage.

Evolving Landscapes and Permanent Principles

Reflecting on the impact of emerging technologies on compliance practices, Tracy acknowledges the evolving landscape. While technology constantly changes, she finds that the foundational principles of compliance endure, rooted in Department of Justice guidelines dating back to the 1940s. These principles emphasize the role of compliance as a check and balance, promoting sober second thoughts and vigilance against unintended consequences and risks.

In the world of privacy compliance, her approach centers on the data subject. She begins with a methodology that remains consistent despite advances in AI technology, by evaluating how data is collected, used, stored, and eventually disposed of. AI introduces complexities but does not fundamentally alter the core questions: How does AI interact with personal data, and what safeguards are necessary throughout its lifecycle?

Thus, while the specifics may vary, she believes that adherence to fundamental compliance principles ensures adaptability in navigating new challenges posed by emerging technologies.

Emerging Trends and Ethical Considerations

When considering emerging trends in compliance, Tracy emphasizes the importance of maintaining focus amidst technological advancements. Rather than being swayed by new innovations, compliance professionals must consistently return to core principles and objectives. These principles are applicable across all new technologies, guiding the evaluation of acceptable uses and desired outcomes.

She stresses the need to assess the potential social implications of deploying technologies at scale. For instance, should tools dictate police patrol strategies over community input and lived experiences? These ethical questions underscore the shift towards more nuanced considerations in compliance discussions.

In her view, compliance professionals are uniquely equipped to lead these conversations. Their understanding of regulatory frameworks and ethical standards positions them to navigate complex issues surrounding technology and societal impact. 

Interested in taking the next steps towards becoming one of these sought-after professionals yourself? Apply now to Seattle University School of Law’s MLS in Compliance and Risk Management Program.

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