Nothing strikes fear into the hearts of employers or the vendors that service them quite like the threat of a lawsuit. These days, legal challenges and the opportunity to take a business to court are aplenty ... compliments of artificial intelligence. Whether it's an entire block of countries like the EU, or individual states like California and New York, the risk of new laws and regulations putting an organization at risk are higher than they've ever been. That's why we had to get Guru Sethupathy, co-founder and CEO at FairNow, a company that helps ensure your AI solutions are compliant and well-governed, on the show for a quick check-in not the current State of AI. Whether it's the UK adopting it’s own alternative approach to regulating AI, California's Safe and Secure Innovation for Frontier Artificial Intelligence Systems Act, NYC Local Law 144 or even India's latest regulations on hiring, we need a guru - yep, pun intended - to help us better understand what's going on. It's a must-listen if your hiring practices leverage AI or if your company provides such services to employers.
[00:00:00] Yo Chad, what if I told you there's a platform that could completely revolutionize your
[00:00:06] hiring strategy in a matter of hours?
[00:00:10] Yeah, I'd call a bullshit.
[00:00:11] Well, it's not bullshit with AI for jobs powered by our friends at this way global.
[00:00:17] Okay, I'm listening.
[00:00:19] Well, everyone else is fishing in the same old talent pools.
[00:00:22] AI for jobs can source over 160 million diverse candidate profiles.
[00:00:29] This way global has established unique partnerships with over 8,500 trusted diversity partners.
[00:00:36] So wait a minute.
[00:00:37] All of the hard on the groundwork is already done.
[00:00:40] That's right cowboy, you can discover 300 qualified candidates per job rack instantly.
[00:00:46] It's like having a candidate sourcing magic wand.
[00:00:49] Dude, if you had a magic wand, you would have Mexican pizzas all day.
[00:00:57] Job distracting me so, Ash.
[00:00:59] AI for jobs advanced matching algorithm analyzes past applicants using trillions of historical
[00:01:05] matching events in over 1600 data points.
[00:01:09] Now that is what AI should be doing, saving recruiters time on sourcing while they provide
[00:01:15] a white glove candidate experience.
[00:01:18] Let's wrap this shit up.
[00:01:19] I'm hungry.
[00:01:20] Listen up kids.
[00:02:22] Yeah, it's Dante's favorite podcast aka the chat in cheese podcast.
[00:02:27] I'm your co-host Joel Cheezman.
[00:02:29] Join us always.
[00:02:31] The J to my silent Bob Chad so wash is in the house and we welcome guru.
[00:02:37] Sethu Pathy co-founder and CEO at Fair Now company who helps companies ensure that their
[00:02:42] AI solutions are compliant and well governed.
[00:02:46] Guru, welcome to the podcast.
[00:02:50] Joel Chad, good to talk to you guys again.
[00:02:54] It's been a few months.
[00:02:55] How are you?
[00:02:56] It is.
[00:02:57] Now make sure that everybody understands.
[00:02:58] Give us a little Twitter bio but how long did it take you to actually get your name legally
[00:03:03] changed to guru and how long is it going to take to be able to get AI as your middle
[00:03:09] name.
[00:03:10] So guru AI.
[00:03:11] I'm working on how long is it going to take?
[00:03:13] How long is it working on his doctorate in love so he could be love guru Sethu Pathy.
[00:03:17] No.
[00:03:18] Do you remember McLeven from back in the day?
[00:03:22] McGuru is coming.
[00:03:24] So give us a little Twitter bio for all the listeners who didn't hear the last episode
[00:03:28] you were on just a little bit a little bit of love around guru.
[00:03:32] Who is guru?
[00:03:33] Thank you guys.
[00:03:34] Yeah, absolutely.
[00:03:35] I am founder and CEO of fair now.
[00:03:39] Basically like Joel said, we help companies especially in the HR space but other spaces as
[00:03:43] well everyone's talking about AI right now.
[00:03:45] Everyone's wanting to build AI use AI.
[00:03:48] But as we all know it's also a little risky right?
[00:03:52] And so helping make sure that what you're putting out there is tested.
[00:03:56] It's compliant.
[00:03:57] It's fair.
[00:03:58] All of that stuff.
[00:03:59] You can share anything on the AI parade danger.
[00:04:01] Oh no, risk.
[00:04:02] No.
[00:04:03] Don't say that.
[00:04:04] Not at all.
[00:04:05] Is work day pounding down your door since they have a discrimination lawsuit right now?
[00:04:10] Yeah, that is a fascinating story.
[00:04:12] I don't know how many of your readers are familiar with this but yeah, a year ago a gentleman's
[00:04:17] sued work day and apparently the situation was he'd been rejected from dozens of job applicants
[00:04:24] that he applied for and said hey, work day was the common kind of filter in all of these
[00:04:28] job applications.
[00:04:29] Now what's interesting is a judge just in January throughout that lawsuit not saying
[00:04:34] that work day was fair or not fair or biased and he was not adjudicating on that but more
[00:04:39] like hey, what's work days role as part of the recruiting ecosystem here?
[00:04:44] They're not actually a hiring company right?
[00:04:48] But they've come back on February 20th.
[00:04:50] He refiled it and mended it and so the lawsuit is back on and so this is going to be one
[00:04:54] of the big test cases Chad in terms of what's going to happen in this space and so we're
[00:04:58] all waiting to see what happens.
[00:05:00] Well California, their first version of the regulations that they started posting out
[00:05:06] actually had vendors on the hook.
[00:05:09] So I mean do you see that actually as just kind of like the first draft and that'll
[00:05:13] follow away or do you think that vendors are actually going to be on the hook?
[00:05:18] The vendors and also the company.
[00:05:19] And employers.
[00:05:20] Yeah, I see both sides absolutely and it's not just California if you look at the EU AI
[00:05:24] act which is the big deal.
[00:05:25] I know we're going to talk about that in a few minutes.
[00:05:27] Let's do it.
[00:05:28] But that one New Jersey, New York State, California, all of them talk about both sides
[00:05:34] of the market.
[00:05:35] So absolutely.
[00:05:36] Do you service mostly the employer side or the vendor side like who's coming to you?
[00:05:39] Is it is it both or just one?
[00:05:42] I obviously both will eventually start knocking on your door but what is it right now?
[00:05:46] That's a good question because it's not what I would have guessed initially right?
[00:05:49] Because initially we went a little bit more after the employer side right because of
[00:05:52] the New York City law and other things.
[00:05:55] So who's actually been knocking on our door more?
[00:05:57] It's actually the vendors and here's why right because they are getting questions from
[00:06:03] their customers.
[00:06:04] And what does a vendor care about?
[00:06:05] They care about selling to customers and so if that's slowing down their sales cycle,
[00:06:10] questions are slowing down their sales cycle.
[00:06:12] They're like okay we got to find a way to answer these questions.
[00:06:15] So that's what's driving the inbound right now.
[00:06:18] Yeah well it makes a hell of a lot of sense.
[00:06:20] So listen, listen vendors.
[00:06:22] If you are fumbling, instumbling in bumbling over the answers around AI, you might want
[00:06:28] to call a guy like guru but question here though is we talked about work day they just
[00:06:34] acquired a hired score who Athena Carp who you might know she was amazing at explaining
[00:06:41] and defending what they were doing right?
[00:06:44] So do you think this is almost like work days way of saying okay we need AI because everybody
[00:06:50] everybody's getting AI.
[00:06:52] So we need AI but we need what everybody's calling here we go kids responsible AI that's
[00:06:58] right I used air quotes.
[00:07:00] Do you think that was pretty much like the bandaid it's like okay, we can get this covered
[00:07:03] if we get Athena her group and people who actually know what the hell they're doing in
[00:07:08] here.
[00:07:09] Do you think that was it?
[00:07:10] I have a hunch.
[00:07:11] I think you're on something there right?
[00:07:12] I think both in terms of the AI journey right?
[00:07:15] I think hired score has been around for a while and it's been quite innovative in the
[00:07:19] space of AI.
[00:07:21] I actually haven't gone deep on their product with Athena but I've talked to her about
[00:07:25] this she and I have had multiple conversations about responsible AI yeah and I found her
[00:07:28] to be one or more thoughtful people around this topic so I would not be surprised if
[00:07:32] both from an AI roadmap.
[00:07:35] Hire score was attractive but also kind of Athena and how she thinks about responsible
[00:07:38] AI I'm sure was very attractive to work.
[00:07:40] When you talk about these things it's normally a big company work day CVS the little guys
[00:07:46] out there have to be freaking out they don't have the resources to build this build responsible
[00:07:51] AI are you getting calls from them and what is that conversation like again it's about
[00:07:57] the vendor versus the employer right so on the vendor side we actually have small vendors
[00:08:03] right who are customers because again they're trying to sell to big companies yeah and
[00:08:08] so big companies are like who are you and how do I know your shit isn't biased right
[00:08:12] so then they cut then they're like all right we got to get through these call a sales
[00:08:16] cycle so on the vendor side it's big small medium are all kind of knocking on the door
[00:08:21] at all.
[00:08:22] On the employer side you're right it's the bigger companies because they're the ones
[00:08:26] were more likely to get sued right if you're a small medium sized company like yeah I don't
[00:08:30] I'm not surprised for the smaller guys versus bigger vendors yeah yeah I mean we're
[00:08:35] pretty you know it's a combination of like how many models do you have how complex are
[00:08:38] your models you know those kinds of things and so if you're a bigger vendor you're probably
[00:08:42] going to have a more complicated AI ecosystem.
[00:08:44] Well yeah I mean we just last last Friday talked about how higher view was an issue for CVS
[00:08:53] so CVS is getting sued because of the use of the higher view system at least that's
[00:09:00] how it's you know that's how drawn up so if you're a company well first and foremost if
[00:09:06] you're higher view you got to get your shit together you got to do it quick right yeah but
[00:09:11] even more so if you're a company especially like a brand like CVS you have to defend that
[00:09:19] brand I mean you have to be you have to do it and you have to be ahead of everybody
[00:09:26] else unfortunately they were not so are you seeing more
[00:09:30] companies being more thoughtful about okay we want to be able to we have to introduce AI
[00:09:37] into the process because if we don't we're going to be left behind so we have to be able
[00:09:40] to do it we've got to figure it out but how do we get people in who actually know what
[00:09:44] the hell they're doing.
[00:09:46] So you covered a lot there I want to also wants that hit on the air Canada situation
[00:09:51] to use you guys see that one another good example right where chatbot so you know they had
[00:09:56] a chatbot that's basically a customer facing chatbot and a customer asked them about their
[00:10:01] discount policies and it made something up basically and so the customer then went ahead
[00:10:06] buying a ticket assuming that to be true yeah and then found out it wasn't and there was
[00:10:11] like wait a second I was told explicitly x y z and then air Canada came back and was
[00:10:16] like oh no no that chatbot's a separate company.
[00:10:22] And that's not the judges rule that they were responsible in their live offer that so
[00:10:26] so these are the kinds of the trial and errors that we're going to see a lot of where
[00:10:30] companies try things they're going to mess up and then you know other companies will
[00:10:33] be like whoa we got to we got to be careful here so you're going to see a lot of that
[00:10:36] I think but you're absolutely right I think here you in this one of the things we've
[00:10:40] started building into our platform is actual testing of chatbots of lm's of gen ai testing
[00:10:47] it for bias testing it for hallucinations is it saying crazy stuff is it saying weird
[00:10:51] stuff right like we actually have some some capabilities to test around that so you
[00:10:55] can test that out before you you release it into the wild.
[00:10:57] Google's listening after their recent faux pas with gen i that's not even that isn't
[00:11:05] even a faux pa you're asking for something and you didn't get what you want so now
[00:11:08] you're bitching no there QA messed up they should have tested that better now that's
[00:11:13] that was very surprising guys very surprise company like Google.
[00:11:17] Their images I mean come on this is a little bit different than actually outcomes and
[00:11:22] screwing somebody over because they were a female and they played softball in the AI
[00:11:26] saw that that happened right this is hurting somebody versus not hurting somebody a little
[00:11:31] bit different so let's talk about the actual the actual regulations and the EU go figure
[00:11:38] is leading on this so tell us what the EU is doing yeah not surprising in a way right
[00:11:43] because the EU does operate a more top down fashion there is going to be like a multiple
[00:11:48] hundreds of pages kind of legislation yeah they've been working on it for a while so where
[00:11:53] we've landed since we last had it so back in December there was an informal kind of agreement
[00:11:58] around the contours of the legislation what's happening now dribs and drabs of it have
[00:12:03] been released and in April I believe they're doing a final formal vote on it right and then
[00:12:09] I think 20 days after that it goes into effect quote unquote I put that I put that in quotes
[00:12:14] because companies will have time right so it's kind of a lagged effect you'll have six months
[00:12:19] to get certain things in order you'll have a year to get kind of your bias testing in order
[00:12:23] you'll have a year and a half or two years to get your reporting infrastructure and governance
[00:12:28] layer in order right so there's different components to it and there's different time
[00:12:31] lags to each of these things but it's happening it's happening and the fines are huge right
[00:12:37] up to up to six percent of your annual revenue so this is not like the New York City law on
[00:12:43] any way shape or form the New York City law wrote a blog post on this ended up having no teeth
[00:12:47] behind it and part of it was the fine was five hundred dollars per I mean what why am I exactly
[00:12:58] and it was very narrow it was focused on AEDTs which are automated employment decisioning
[00:13:04] tools for hiring so only and promotion but only if it's automated completely automated so if
[00:13:08] you could easily come in and say oh no my humans in the loop it's not automated and get around
[00:13:12] it right the EUA act is much more broad it even outlines kind of eight high risk areas
[00:13:18] of which guys just so your audience knows HR is one of the eight high risk areas right so HR
[00:13:24] is going to be in the crosshairs of this legislation yeah very consistent and I think California
[00:13:30] New York state others are going to have HR in the crosshairs as well so I think HR financial services
[00:13:35] and health are gonna be three of the domains that are gonna be in the crosshairs of all of the AI
[00:13:41] regulations going on. One thing's the mention is the importance of upscaling so in that time window
[00:13:46] company should be preparing building the skills internally like talk about how company should
[00:13:52] view it upscaling as opposed to just maybe hiring a company like yours or should they do both
[00:13:57] how do I prepare they should do both right because we're more of a platform company or a technology
[00:14:02] company you're still going to need humans in the loop and making kind of really thoughtful decisions
[00:14:08] around risk reward trade-offs right the thing that I say is like look at the end of the day no one
[00:14:13] is trying to reduce risk down to zero right if you were trying to take risk down to zero you never
[00:14:18] leave your bed you'd never leave your house right so that's not how we operate right that's not
[00:14:22] how humans operate that's not how businesses operate but you need to know enough of the calculations
[00:14:27] to understand okay what's the risk of this technology what's the reward and are
[00:14:31] rec comfortable with it so you need both people at the junior levels who understand governance
[00:14:36] but think you need senior stakeholders who really ultimately need to make these calls at a
[00:14:40] company wide level what is our transparency policy what is our what is our red line let me give
[00:14:46] you an example right if you're thinking about something like predicting attrition at the individual
[00:14:51] level right a lot of companies have tried this I've you know my teams have built stuff like this
[00:14:56] it's a little bit minority report us right if I can predict that Joel will leave his company with 70
[00:15:02] percent probability okay what do I do with that information do I throw more money at him
[00:15:07] do I try to keep him what if Chad's about to leave with 67 percent problem what's the difference
[00:15:11] between seven I mean you start to get into situations where like you don't know how to use these insights
[00:15:16] and what to do with it and then people can start gaming it so it's actually there's a really
[00:15:19] interesting ecosystem around some of these insights around AI and so that's where you have to as a
[00:15:25] company say okay we're not going to use it for that purpose it doesn't make sense it's not going
[00:15:29] to drive value and it's going to break trust so these are the really intricate conversations that
[00:15:33] you need to be having but to do that you need to have the talent that understands this at the
[00:15:38] detail level yeah and at the philosophical level right and that's there needs to be upscaled
[00:15:42] let's talk about risk real quick because I think this is the risk that companies are going to care
[00:15:46] about the most if the workday suit was brought in the EU 6 percent of their global revenue equals
[00:15:55] 420 million dollars for a work day that is a risk they care about right absolutely absolutely
[00:16:05] I think there's two risks I think that one that's a pecuniary fine related risk now I don't
[00:16:10] think it'll be that high right it'll be up to that amount and it'll be but it'll be significant
[00:16:15] right the reputational risk matters okay listener how can you help your employees become more
[00:16:24] productive I have answers how about automating manual and repetitive tasks giving meaning to data
[00:16:31] then allowing that data to actually drive decisions and how about matching people to your jobs quicker
[00:16:38] well wait the chat and cheese has a new llm no cheeseman I'm talking about text kernel
[00:16:46] okay that makes more sense what I'm hearing is the groundbreaking concept of wait for it yeah
[00:16:53] simplicity seriously though seriously text kernel cuts through the complexities like a tortilla chip
[00:17:02] through some hot nacho cheese really not your references already anyways text kernel brings
[00:17:08] efficiency and productivity to your operations text kernel seamlessly unifies your tools and data
[00:17:15] to drive efficiencies and success text kernel is creating new opportunities for your recruitment journey
[00:17:24] kind of like adding guac to my barbacoa burrito oh my god how about extracting meaningful insights
[00:17:30] from data I mean that that's something swiftly matching people with jobs automating repetitive tasks
[00:17:38] who knew such advanced concepts were even possible in the land of human resources uh we did Chad
[00:17:47] we did dude wrap it up I'm a little hungry imagine that okay listener get ready to use today's
[00:17:54] tech to drive efficiencies and productivity visit text kernel dot com that's txt keur n el dot com
[00:18:06] nachos right like reputational risk matters if if you're losing customers or candidates because of
[00:18:17] some perception around how you treat um your technology or how little you've tested it and those kinds
[00:18:23] of things that was a little harder to measure in terms of dollars and cents Chad but it can add up to
[00:18:28] be even larger than that amount right yeah especially from a revenue standpoint right I mean it's not
[00:18:33] only the fine but the perspective of lost revenue I mean optics obviously at all factors in there
[00:18:39] now as you were talking about some of the things that you're going to have to do with the e like
[00:18:44] evaluating the impact of AI right and then also ongoing monitoring what is what does it even look
[00:18:52] so that's where kind of you know we come in and help right like what does that look like
[00:18:56] and when you're talking about ongoing monitoring that's each if you're doing this manually
[00:19:01] that ends up being you to hire like a big old data science team right and how many HL
[00:19:06] organizations have the capabilities to hire a big data science team right and then on top of that
[00:19:10] they're going to be like wait a second I thought you told me AI is going to reduce my cost now I
[00:19:14] got to go hire a big data so um this is where it gets tricky but that's the beauty of kind of technology
[00:19:19] like what we're building where we can automate this right like we have expertise in this we've
[00:19:23] done this for many many years we know how to automate it we know the ins and out we know the details
[00:19:27] and I think that can go a long way to helping companies again leverage the technology in a positive
[00:19:32] way which again I'm super bullish on right I think I showed this analogy with you guys last time
[00:19:36] like AI like cars are an incredible technology transform our societies but the same time you've
[00:19:41] got to have breaks you gotta have a dashboard you gotta have rearview mirrors otherwise what do
[00:19:45] you drive in right you're not defmobile right so just put those things in place and then go fast
[00:19:51] right you talk about the EU um and as I listed this I just I realized how complicated and complex
[00:19:57] this is going to be and I think about Europe well yeah apparently the UK is gonna have their own sort
[00:20:03] of set of of AI regulations talk about what they're doing and how it's different or what do
[00:20:08] you expect them to do and how it might be different from the EU and the US I think part of is again
[00:20:14] one of the insights that we have is this is going to be very patchworky each country and region
[00:20:20] and state is gonna have their own in fact they're kind of competing I've talked to folks
[00:20:24] in various state offices we're like oh we got it what's that other state doing oh what's
[00:20:29] that state doing well we got it you know exactly so there's going to be that element of some
[00:20:33] competition amongst the regulators here um that being said there is some common themes and maybe
[00:20:39] that's what you're getting at a little bit the common themes are around hey you got to evaluate and
[00:20:43] monitor your models right like that's just the thing right especially on a couple dimensions one is
[00:20:50] bias that always comes up right so evaluate bias the other dimensions that come up are around
[00:20:55] hate transparency and explainability can you explain what your model is if it's a black box
[00:21:00] that's kind of a problem right especially in the hiring space and you know lending space right
[00:21:05] healthcare right like these spaces you can't just be like oh yeah we just rejected your loan good
[00:21:10] luck we don't know why right you can't you can't do that so things like bias explainability are
[00:21:16] going to be really really common in these legislations and then when it comes to gen AI you're talking
[00:21:21] things like data privacy and security can someone hack into your gen AI right there's all this stuff
[00:21:26] you guys are probably reading out like poison attacks I don't know if your audience has heard that
[00:21:29] but that's where you kind of penetrate the system and basically inject it with kind of your own
[00:21:35] prompts and almost teach it to be a bad kid right and then you can do whatever you know you can
[00:21:41] do nefarious things right so there's a lot of security related things data privacy related things
[00:21:45] and so you see kind of some of these common themes across the the different laws and legislations
[00:21:51] I think it makes it much harder because deep learning is a black box and in almost every case that's
[00:21:57] out there if you take a look at some of these models they're off learning by themselves it wasn't
[00:22:02] something that was programmed it was something that was a part of the process now the data that's
[00:22:08] entirely different what data are you training off of and I think that's where you get companies
[00:22:13] like higher score which was smart buy for workday where they know exactly what their data sets are
[00:22:20] right they know exact and that's the secret sauce right so from the standpoint of a lot of people
[00:22:26] are pointing to the AI piece which I obviously that's going to be the output you know the learning
[00:22:32] and output but isn't the data just as if not more important in this in this whole scheme of
[00:22:40] things it's more important it's not as it's not even the same it's more important in fact I don't
[00:22:46] know how much you follow like the the whole competition between meta and open AI and Google
[00:22:53] and all the right like in terms of the foundation one of the things you might be noticing is they're
[00:22:56] all kind of converging right their performance is at least right and it's because the modeling techniques
[00:23:04] are kind of known now right amongst these like top level data scientists at these organizations
[00:23:09] they know what the best practices are they know it's Google published this famous paper
[00:23:14] call attention is all you need or something like that which was groundbreaking paper in this
[00:23:18] gen AI space and then other companies copied it right so a lot of that is not where you differentiate
[00:23:23] yourself were you differentiate why everyone thinks eventually Google will get back on the right
[00:23:28] track and win this if they have the most and best data out of anyone in the world right and so at
[00:23:34] the end of the day we still expect Google to kind of you know be at the top of this AI race but to your
[00:23:39] point that's what differentiates it right your ability to know and have the best data and understand
[00:23:45] that data really really well and then be able to put it in a way that it's well governed right if
[00:23:50] you cannot make these mistakes if you have amazing data and not make these mistakes you're going
[00:23:54] to be out of the game America is unique in that it has a 50 state setup to where everyone kind
[00:24:01] of makes their own rules talk a little about the current state of what certain states are doing
[00:24:07] we've got California with SB 1047 New York local law 144 anything else that we should be looking
[00:24:15] into the future for different states doing unique things around AI it's chaos it's all chaos
[00:24:21] it's cats and dogs living together states gonna have and imagine how complicated that's going to be
[00:24:27] but then again you know our tax system is a little bit like that right like each you have a
[00:24:31] federal tax system and set up and then each state has their own specific tax policies
[00:24:38] tax rates tax discounts for this thing versus that thing and so you end up then building an
[00:24:44] ecosystem of people who specialize in that stuff right and that's what happens with regulation
[00:24:49] anytime you have a regulation then you have an ecosystem of people lawyers and experts and consultants
[00:24:54] who then start specializing so I expect that to be the case Joel here where you're going to have
[00:24:59] that kind of regulatory ecosystem so you have California New York state is separate from the New
[00:25:06] York City local law Joel so there's going to there is a New York state law as well
[00:25:10] Maryland is working on one right now New Jersey has one and then there's a bevy of other states
[00:25:16] Massachusetts main Colorado has one that's focused on its fascinating insurance companies right
[00:25:21] now so that's a more targeted for the domain the other ones that I mentioned New York state
[00:25:28] and California in particular are much broader right so that's going to be the interesting pieces like
[00:25:33] some of these are going to be quite broad and some of them are going to be kind of domain specific
[00:25:36] and so we're going to see how that plays out similar taxes we have local taxes we have state taxes
[00:25:40] we have federal taxes and the federal kind of trumps all that and we talked a little bit about politics
[00:25:45] in the green room I was surprised to see the FCC come out with laws so quickly around robo calls
[00:25:52] you know Joe Biden famously recently called people it wasn't him but he was saying don't vote it
[00:25:58] so I was deemed Phillips wasn't it I mean that was the other fucking Democrat no
[00:26:02] no it wasn't him it was someone on its campaign it was someone who used to work for
[00:26:06] digging yeah yeah yeah I'm sure there's stuff we don't even know what's going on but I was I was
[00:26:10] I was impressed to see the FCC move so fast to make this illegal which tells me and I commented
[00:26:15] recently that politicians are freaking out thinking that their voice could be out there saying
[00:26:20] well who knows what so what you're taking on the feds coming down with okay everyone here are the
[00:26:26] rules all the states are going to follow it are we gonna are we're gonna stay in this sort of
[00:26:31] disparate state rules can the Fed come in and make sense of all this in your opinion I think it
[00:26:36] can on certain areas right and they have if you saw the White House EO I think that came out right
[00:26:41] around Halloween of 2023 there are a couple of areas where the federal government does have domain
[00:26:47] right and when it comes to things like national security or things like kind of our democracy right
[00:26:53] like that ends up being kind of the federal government's domain and it's actually kind of concerning
[00:26:58] and I think they put they they went moved fast because we are we talked about this Joel we're in
[00:27:02] an election cycle right now right so it's not something they can wait six months to do
[00:27:07] and you guys have seen it this can be crazy right like it's it's the voice stuff it's also the
[00:27:11] image stuff it's the videos like you can make anything now and you saw Sora have you guys played around
[00:27:17] the Sora which is I mean isn't it movies right you can yeah right yeah that's the one right
[00:27:26] and you can put people in there you can put I can put Chad in one of those movies and have him
[00:27:30] doing stuff he's never done right in an actuality right and so no ideas Cheezman I won't take
[00:27:35] the podcast on that we got Guru on the show I'm not gonna I'm not gonna muddy it up don't worry
[00:27:41] don't worry Guru's too high class for that um so that stuff is now and and so I completely
[00:27:48] understand why they came in to try to like curtail that right now that being said other things like
[00:27:53] hey how do you want to govern software in the hiring space or the lending space you know now the
[00:27:58] thing is there's already one other thing I do want to say and keep talks about this a lot
[00:28:03] there's already federal legislation involved in lending and in hiring and in health right like we
[00:28:09] already have like there's rules already right so in hiring the EOC like we have like there's this
[00:28:15] um chapter title seven of the civil rights act where you cannot be biased and it doesn't say
[00:28:20] humans can't be biased or AI can be but it doesn't say anything so you are so already companies
[00:28:25] are absorbing that risk without really thinking about it and so they should be proactively instead
[00:28:31] of waiting for additional AI legislation they should already be on top of this saying hey we need
[00:28:35] to know what's going on we've talked about this for for shit years now with AI right it scales decision
[00:28:43] making right and it scales bad decision making it's not that humans haven't been making bad decisions
[00:28:50] we have it's not that humans haven't been biased oh we're so biased right but now the AI is taking
[00:28:57] that bias behavioral data some of those decisions some of the quote unquote predictors that some
[00:29:02] of these companies use and it's scaling it so now if you're a company who got away with bias
[00:29:10] and all those things before this is going to make all of that scale and it's gonna make it much easier
[00:29:16] to identify who's fucking around 100 percent I think you read on both of those accounts it's much
[00:29:22] easier to scale bad biases and bad kind of decision making the same time it's also going to be easier
[00:29:31] to sue and I think that's where you are going with your second point if I looked at that correctly
[00:29:36] in that it you know exactly where the problems it's in that all easier to see though because it's
[00:29:41] gonna be the the problems not gonna be small because the scale was small scales gonna be much larger
[00:29:47] so therefore the problem is gonna grow with the scale and you're it's gonna be much easier to
[00:29:51] identify so therefore you're gonna have more people pointing and saying oh look there's a lawsuit
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[00:30:49] I think you're more likely it's more gonna be more easy to sue more easy to have a lawsuit at the same
[00:30:53] time though let me say it's gonna be easier to monitor as well yeah right because that's what I'm
[00:30:57] gonna my point being right when you have 50 different recruiters right and three of them aren't
[00:31:03] entering the data in the system and like six others like or what you know what I mean it's just hard
[00:31:09] to know what's going on but with the model in place it's actually easy to monitor and you can
[00:31:15] automate the monitor and the thing is this has been going on for a while like I talked to you about
[00:31:18] capital we come from capital one capital and monitors its models like all constantly it's not hard
[00:31:23] and so HR just needs to build these practices in they just need to kind of have that mindset
[00:31:27] adjustment and say hey look we're starting to become a technology domain a data driven domain
[00:31:33] we need to then along with that build these other practices in place it's easier to monitor a model
[00:31:38] than it is 50 humans remote work obviously in the last few years has become incredibly popular
[00:31:43] and we've seen sites that are platforms for managing a diverse global workforce the remote
[00:31:50] the oysters the deals etc it seems to me like recruiting on a global basis would open your company
[00:31:57] up to a lot of risk in terms of AI hiring going back to these different laws in different countries
[00:32:02] and states and all over the all over the map how do you how confident are you that these platforms
[00:32:09] are covering companies' asses do you feel like companies are reluctant to go out on a global scale
[00:32:16] because of the risk like I'm just curious your thoughts on the global state of things and AI
[00:32:21] recruiting you know when you were talking about that maybe just think of this thing that got past in
[00:32:26] India I don't know if you guys saw this recently but any company that uses AI in India for anything
[00:32:32] has to get like a federal approval which is kind of crazy to think about I mean imagine something
[00:32:38] like that passing here it wouldn't right but that's a pretty ownerist thing so to your point Joel
[00:32:43] now like hey what if you are using what if your multinational company and you use AI in your
[00:32:49] hiring practices just generally right and India's one of your places and wait a second now for India
[00:32:55] I got to go get special approval and then from right like so you're so this is the thing that's
[00:32:59] going to be hard to manage right it's like and this is what I meant by that you're going to have to
[00:33:03] hire some policy folks some lobbyists you're gonna probably hire legal folks compliance right like
[00:33:08] you're gonna start to have to have this kind of ecosystem of people to think about how these
[00:33:13] things affect you right and so that's going to be a bit of a challenge I totally agree
[00:33:19] so if I'm I'm a company I'm out there this is carrying the shit out of me go figure I'm seeing
[00:33:24] workday I'm seeing CVS I'm seeing all these big brands that are getting thrown all over the place
[00:33:29] is it feasible that I can do my business without even using AI especially when we're talking about
[00:33:35] hiring in a very competitive market for a short time right for today for tomorrow for this next
[00:33:41] month for this next year and so at the end of the day then it comes to like how forward thinking
[00:33:45] our CHROs is what it comes down to right and if you are kind of a short term operational CHRO
[00:33:52] you're like hey that's not my problem right we're gonna be fine for this year I'm focused on
[00:33:56] this year I'm focused on this quarter I got to cost this quarter like you know so there's different
[00:34:00] types of CHROs that have come across Chad the ones that are strategic visionary forward thinking
[00:34:06] absolutely not absolutely not right they know AI in fact there's so many opportunities in HR like
[00:34:13] HR is like the perfect domain actually there's so many opportunities to use Gen AI capabilities natural
[00:34:19] language processing capabilities predictive analytics capabilities right I was talking to a company
[00:34:25] the other day where they still have each recruiter manually at least check the resumes that come in
[00:34:32] and apparently a hundred thousand resume applicants last year and I was just shocked I'm like really in 2024
[00:34:38] you know what I mean that that's just super inefficient right like you can't compete doing that
[00:34:45] again you can do it for next week you can do it for next quarter but like in 2025 2026 how are you
[00:34:50] holding your you know your cost down how are you innovating things like your employees every single
[00:34:56] employee has a question about I remember I had so many questions around vacation days policies all
[00:35:01] of that stuff you can automate all of that there's so many opportunities and this is I think it's
[00:35:06] some of the fun part of the conversation like hey how can you use AI to create value in HR
[00:35:11] and there's really a lot of opportunities so for the ones the companies and the CHROs that are
[00:35:15] forward thinking they're absolutely not going to shy away from it I keep coming back to your
[00:35:20] different distates different laws and how disparate this gets just curious about your industry typically
[00:35:27] there's a there's a coconut Pepsi and then a bunch of fans as a doctor peppers like where does
[00:35:32] where does this go do we have like local accountants where people are AI sort of regulation experts
[00:35:38] in your local market and it's a few people like your state farm agent is it a big are there a couple
[00:35:44] big players and it's all like software and we know all the answers and all the states in real time
[00:35:50] is it both of those things like how do you think this this industry evolves from one of the pioneers
[00:35:56] I think there's some parallels to if you think about it there's already compliance in HR related
[00:36:02] to hiring put a put aside AI and bias right look let's look I'm not talking about that but when you
[00:36:07] hire if I go higher in Canada if I go higher in Europe if I go higher in Asia there are local
[00:36:14] laws that I have to follow to do that hiring right compliance all the stuff from from how you
[00:36:20] interact with them to how you onboard them the contracts the pay the salary the level all that stop
[00:36:27] and so you have these companies payroll companies that's how they got started right was like hey
[00:36:32] you're going to go higher over there we'll help you we'll deal with all the compliance we'll take
[00:36:35] care of all that for you right and so in a sense it's a little bit of like what we're trying to do
[00:36:39] and others are going to try to do as well which is like hey we are going to become experts like
[00:36:43] one of the we're partnering with law firms for instance right and so we're going to be experts
[00:36:47] on that stuff and kind of take that off your plate and that's what you know like a deal does right
[00:36:51] or that's what like a day force right like they kind of they take that off of your plate
[00:36:57] and I think you're going to see a little bit of that kind of model when it comes to kind of AI
[00:37:01] regulations too so in talking to our friend friend of the show EEOC commissioner
[00:37:08] Saundirling he had mentioned over a year ago that there's more than likely going to be an ISO
[00:37:16] around this the international organization for standardizations more than likely that's going
[00:37:20] to be a standardization that everybody can kind of flow into so it's not so chaotic
[00:37:26] and it seems like we're on our way there can you talk about that a little bit I can I agree
[00:37:32] and I disagree and so where I agree is yeah there's going to be a standard and it's here ISO 42,000
[00:37:37] one was released late last year now it's still I think in the process of like there could be some
[00:37:42] amendments some revisions and that kind of thing and they're still there's still a process to be
[00:37:46] worked through there but realize there's a difference between market standards and regulations
[00:37:51] right a market standard is great right it tells you that like your product has a certain level of
[00:37:56] quality certain level of like certification that you can take for granted right a regulation still
[00:38:02] like I still got even if I have the standard I still got to go satisfy that regulation if I don't
[00:38:06] want to get fined if I don't want to get on it's make it easier for regulators though to be able
[00:38:11] to take a look at a standard and say okay that's a standard we're going to get behind that you have
[00:38:16] to do that so it makes it much easier for a bunch of individuals a bunch of 80-year-old
[00:38:22] individuals who they don't know a smart phone they've got a jitterbug phone right they don't have
[00:38:28] a smartphone so at the end of the day is this not like a smart way to just say oh wait a minute
[00:38:32] those guys seem to have their shit pulled together let's just go ahead and jump on that train
[00:38:37] there's absolutely truth to that and in fact a lot of the private sector companies are pushing
[00:38:41] for that they're saying hey guys white house you know whatever let's develop market standards
[00:38:46] let's have public private partnership let's work together and let's develop these standards and
[00:38:51] let those standards be the things that provide the kind of common ground around this stuff right
[00:38:57] and there's some truth to that like if you look at the White House EO again the White House
[00:39:01] what the EO says is they put the NIST national Institute of Standards and Technology
[00:39:05] standards and technology right in charge of like developing some of those standards so
[00:39:10] if you look at it in the US that's kind of our approach now look the states at the end of the day
[00:39:13] are going to do their own thing right so the White House can't govern that but from a White House
[00:39:17] perspective I do think other than things related to national security which are very important
[00:39:22] right and they they own the domain around that but otherwise they that's kind of what they're saying
[00:39:27] Chad they're saying hey let's this let's build some standards NIST you kind of you know we give
[00:39:31] you power to run with this work with private sector work with others and develop standards and
[00:39:36] let's let's let's go with that so I think there's absolutely some truth to that
[00:39:40] that is guru Seth Upathy everybody hear your first listeners that want to know more about you
[00:39:46] maybe they can keep up with some of this stuff where would you send them to learn more
[00:39:50] couple sources follow me on LinkedIn follow fair now on LinkedIn we're both myself my account and
[00:39:56] fair now's account we're publishing a lot on these topics whenever there is whether it's a lawsuit
[00:40:01] whether there's a company that's put out something that we think we disagree with or agree with
[00:40:07] or laws and legislations as we've been talking about we'll be posting on there so please follow
[00:40:11] us as well as our website so we have a whole area where we talk specifically about legislations
[00:40:16] about market standards and we talk about what's coming down the pipe and what's in these things
[00:40:20] the EU AI Act we have a whole page on who's affected what's going to happen and all that stuff so
[00:40:27] between those two spaces you should be able to learn story short guru's a busy guy
[00:40:32] the Chad and cheese podcast has a bat phone to guru okay so you can always listen to us but yes
[00:40:38] definitely go to fair now yeah thanks thanks for keeping us up to speed guru this is a complicated
[00:40:44] issue Chad that's another one in the can we out we out thank you for listening to what's
[00:40:52] a called a podcast the chat the cheese friend they talk about recruiting they talk about technology
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