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Massachusetts Regulator Investigates DraftKings’ AI Use

The Massachusetts Gaming Commission is investigating how DraftKings and other betting companies in the state utilize artificial intelligence. This inquiry follows a New York Times investigation into DraftKings’ AI practices.

What Happened

Massachusetts’ gambling regulator initiated an examination into the use of artificial intelligence by DraftKings and other betting companies operating within the state. This investigation was prompted by a New York Times report detailing DraftKings’ deployment of AI to identify and target losing gamblers with promotional offers designed to encourage additional betting. Jordan Maynard, chair of the Massachusetts Gaming Commission, publicly announced his directive for the commission to engage with DraftKings regarding the New York Times findings and to ascertain the AI practices of all licensed betting companies in Massachusetts.

The New York Times investigation highlighted that DraftKings reportedly used machine learning, a form of artificial intelligence, to analyze customer betting records. This analysis aimed to identify individuals most likely to continue gambling and incurring losses when presented with promotional offers. The report also indicated that DraftKings had sidelined previous efforts to use similar technology for predicting gamblers who might require intervention due to their betting activity, according to the New York Times.

Key Details

  • The Massachusetts Gaming Commission initiated its inquiry following a New York Times investigation into DraftKings’ AI use (The Boston Globe).
  • The New York Times reported that DraftKings used machine learning to analyze customer betting records and target losing gamblers with promotions (The Boston Globe).
  • Six former employees who developed these systems reportedly expressed concerns to the New York Times about the technology’s potential harm to individuals struggling with addiction (The Boston Globe).
  • DraftKings stated it “works diligently to comply with all Massachusetts sports betting regulations and vehemently denies the suggestion that we do anything to make our offerings addictive” (The Boston Globe).
  • Massachusetts regulations prohibit the use of customer data for promotions based on automated systems, including AI, if they are “known or reasonably expected” to increase a gambling site’s addictiveness (The Boston Globe).
  • Licensed operators in Massachusetts are required to submit bi-annual reports to the gaming commission detailing their analysis of customer behavior for responsible gambling and addiction mitigation (The Boston Globe).
  • FanDuel, a competitor, stated it uses machine learning to identify signs of harmful play by customers to protect them (The Boston Globe).

Why It Matters

This inquiry highlights the growing scrutiny on the ethical implications of artificial intelligence in regulated industries, particularly concerning consumer protection and responsible gaming. The Massachusetts Gaming Commission’s investigation into DraftKings and other operators signals a regulatory focus on how advanced technologies are deployed in customer engagement strategies. The potential for AI to identify and target vulnerable individuals raises concerns regarding regulatory compliance and industry responsibility. Regulators in other states, such as Maryland, are also considering or implementing rules governing AI use by gambling companies, indicating a broader trend toward establishing standards in this evolving area. Federal lawmakers have also proposed legislation to set nationwide standards, including a ban on AI use for monitoring betting activity and targeting customers with individualized promotions.

What’s Next

The Massachusetts Gaming Commission intends to use the results of its inquiry to determine if any further action or policymaking is necessary. Operators found to be non-compliant with regulations could face disciplinary actions, including fines, or the suspension or repeal of their licenses. The commission has not previously taken enforcement actions related to AI use (The Boston Globe).

Originally reported by The Boston GlobePublished

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