“U.S. Senator Amy Klobuchar (D-MN), Chairwoman of the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights, along with Senators Richard Blumenthal (D-CT), Mazie Hirono (D-HI), Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Tammy Duckworth (D-IL), Elizabeth Warren (D-MA), and Tina Smith (D-MN) sent a letter to Assistant Attorney General Jonathan Kanter and Federal Trade Commission (FTC) Chair Lina Khan to highlight the risks that new generative artificial intelligence (AI) features pose to competition and innovation in digital content, including journalism, and to urge both agencies to investigate whether the design of these features violates the antitrust laws.

Recently, multiple dominant online platforms have introduced new generative AI features that answer user queries by summarizing, or, in some cases, merely regurgitating online content from other sources or platforms. The introduction of these new generative AI features further threatens the ability of journalists and other content creators to earn compensation for their vital work. While a traditional search result or news feed links may lead users to the publisher’s website, an AI-generated summary keeps the users on the original search platform, where that platform alone can profit from the user’s attention through advertising and data collection,” wrote the lawmakers. “Moreover, some generative AI features misappropriate third-party content and pass it off as novel content generated by the platform’s AI.” “For the reasons outlined above, we urge the Department of Justice Antitrust Division and the Federal Trade Commission to investigate whether the design of some generative AI features, introduced by already dominant platforms, are a form of exclusionary conduct or an unfair method of competition in violation of the antitrust laws,” concluded the lawmakers…”