Consent in Crisis: The Rapid Decline of the AI Data Commons

General-purpose artificial intelligence (AI) systems are built on massive swathes of public web data, assembled into corpora such as C4, RefinedWeb, and Dolma. To our knowledge, we conduct the first, large-scale, longitudinal audit of the consent protocols for the web domains underlying AI training corpora. Our audit of 14,000 web domains provides an expansive view of crawlable web data and how codified data use preferences are changing over time. We observe a proliferation of AI-specific clauses to limit use, acute differences in restrictions on AI developers, as well as general inconsistencies between websites' expressed intentions in their Terms of Service and their robots.txt. We diagnose these as symptoms of ineffective web protocols, not designed to cope with the widespread re-purposing of the internet for AI. Our longitudinal analyses show that in a single year (2023-2024) there has been a rapid crescendo of data restrictions from web sources, rendering ~5%+ of all tokens in C4, or 28%+ of the most actively maintained, critical sources in C4, fully restricted from use. For Terms of Service crawling restrictions, a full 45% of C4 is now restricted. If respected or enforced, these restrictions are rapidly biasing the diversity, freshness, and scaling laws for general-purpose AI systems. We hope to illustrate the emerging crises in data consent, for both developers and creators. The foreclosure of much of the open web will impact not only commercial AI, but also non-commercial AI and academic research.

Data Authenticity, Consent, & Provenance for AI are all broken: what will it take to fix them?

New capabilities in foundation models are owed in large part to massive, widely-sourced, and under-documented training data collections. Existing practices in data collection have led to challenges in documenting data transparency, tracing authenticity, verifying consent, privacy, representation, bias, copyright infringement, and the overall development of ethical and trustworthy foundation models. In response, regulation is emphasizing the need for training data transparency to understand foundation models' limitations. Based on a large-scale analysis of the foundation model training data landscape and existing solutions, we identify the missing infrastructure to facilitate responsible foundation model development practices. We examine the current shortcomings of common tools for tracing data authenticity, consent, and documentation, and outline how policymakers, developers, and data creators can facilitate responsible foundation model development by adopting universal data provenance standards.

A Safe Harbor for AI Evaluation and Red Teaming

Independent evaluation and red teaming are critical for identifying the risks posed by generative AI systems. However, the terms of service and enforcement strategies used by prominent AI companies to deter model misuse have disincentives on good faith safety evaluations. This causes some researchers to fear that conducting such research or releasing their findings will result in account suspensions or legal reprisal. Although some companies offer researcher access programs, they are an inadequate substitute for independent research access, as they have limited community representation, receive inadequate funding, and lack independence from corporate incentives. We propose that major AI developers commit to providing a legal and technical safe harbor, indemnifying public interest safety research and protecting it from the threat of account suspensions or legal reprisal. These proposals emerged from our collective experience conducting safety, privacy, and trustworthiness research on generative AI systems, where norms and incentives could be better aligned with public interests, without exacerbating model misuse. We believe these commitments are a necessary step towards more inclusive and unimpeded community efforts to tackle the risks of generative AI.

The Data Provenance Initiative: A Large Scale Audit of Dataset Licensing & Attribution in AI

The race to train language models on vast, diverse, and inconsistently documented datasets has raised pressing concerns about the legal and ethical risks for practitioners. To remedy these practices threatening data transparency and understanding, we convene a multi-disciplinary effort between legal and machine learning experts to systematically audit and trace 1800+ text datasets. We develop tools and standards to trace the lineage of these datasets, from their source, creators, series of license conditions, properties, and subsequent use. Our landscape analysis highlights the sharp divides in composition and focus of commercially open vs closed datasets, with closed datasets monopolizing important categories: lower resource languages, more creative tasks, richer topic variety, newer and more synthetic training data. This points to a deepening divide in the types of data that are made available under different license conditions, and heightened implications for jurisdictional legal interpretations of copyright and fair use. We also observe frequent miscategorization of licenses on widely used dataset hosting sites, with license omission of 70%+ and error rates of 50%+. This points to a crisis in misattribution and informed use of the most popular datasets driving many recent breakthroughs. As a contribution to ongoing improvements in dataset transparency and responsible use, we release our entire audit, with an interactive UI, the Data Provenance Explorer, which allows practitioners to trace and filter on data provenance for the most popular open source finetuning data collections: www.dataprovenance.org.