LawFare: “The data relied on by OpenAI, Google, Meta, and other artificial intelligence (AI) developers is not readily available to other AI labs. Google and Meta relied, in part, on data gathered from their own products to train and fine-tune their models. OpenAI used tactics to acquire data that now would not work or may be more likely to be found in violation of the law (whether such tactics violated the law when originally used by OpenAI is being worked out in the courts). Upstart labs as well as research outfits find themselves with a dearth of data. Full realization of the positive benefits of AI, such as being deployed in costly but publicly useful ways (think tutoring kids or identifying common illnesses), as well as complete identification of the negative possibilities of AI (think perpetuating cultural biases) requires that labs other than the big players have access to quality, sufficient data. The proper response is not to return to an exploitative status quo. Google, for example, may have relied on data from YouTube videos without meaningful consent from users. OpenAI may have hoovered up copyrighted data with little regard for the legal and social ramifications of that approach. In response to these questionable approaches, data has (rightfully) become harder to acquire. Cloudflare has equipped websites with the tools necessary to limit data scraping—the process of extracting data from another computer program. Regulators have developed new legal limits on data scraping or enforced old ones. Data owners have become more defensive over their content and, in some cases, more litigious. All of these largely positive developments from the perspective of data creators (which is to say, anyone and everyone who uses the internet) diminish the odds of newcomers entering the AI space. The creation of a public AI training data bank is necessary to ensure the availability of enough data for upstart labs and public research entities. Such banks would prevent those new entrants from having to go down the costly and legally questionable path of trying to hoover up as much data as possible…”