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Financial Services Law Insights and Observations

Hsu tells banks to approach AI cautiously

Bank Regulatory Federal Issues Fintech OCC Artificial Intelligence Tokens Compliance Risk Management Blockchain

On June 16, Acting Comptroller of the Currency Michael J. Hsu warned that the unpredictability of artificial intelligence (AI) can pose significant risks to the financial system. During remarks presented at the American Bankers Association’s Risk and Compliance Conference, Hsu cautioned that banks must manage risks when adopting technologies such as tokenization and AI. Although Hsu reiterated his skepticism of cryptocurrency (covered by InfoBytes here), he acknowledged that AI and blockchain technology (where most tokenization efforts are currently focused) have the potential to present “significant” benefits to the financial system. He explained that trusted blockchains may improve settlement efficiency through tokenization of real-world assets and liabilities by minimizing lags and thereby reducing related frictions, costs, and risks. However, he warned that legal frameworks and risk and compliance capabilities for tokenizing real-world assets and liabilities at scale require further development, especially considering cross-jurisdictional situations and ownership and property rights.

With respect to banks’ adoption of AI, Hsu flagged AI’s “potential to reduce costs and increase efficiencies; improve products, services and performance; strengthen risk management and controls; and expand access to credit and other bank services.” But there are significant challenges, Hsu said, including bias and discrimination challenges in consumer lending, fraud, and risks created from the use of “generative” AI. Alignment is also the core challenge, Hsu said, explaining that because AI systems are built to learn and may not do what they are programed to do, governance and accountability challenges may become an issue. “Who can and should be held accountable for misaligned, unexpected, and harmful outcomes?” Hsu asked, pointing to banks’ use of third parties to develop and support their AI systems as an area of concern.

Hsu advised banks to approach innovation “responsibly and purposefully” and to proceed cautiously while keeping in mind three principles for managing risks: (i) innovate in stages, expand only when ready, and monitor, adjust and repeat; (ii) “build the brakes while building the engine” and ensure risk and compliance professionals are part of the innovation process; and (iii) engage with regulators early and often during the process and ask for permission, not forgiveness.