[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] ROBOTS ON WALL STREET: THE IMPACT OF AI ON CAPITAL MARKETS AND JOBS IN THE FINANCIAL SERVICES INDUSTRY ======================================================================= HEARING BEFORE THE TASK FORCE ON ARTIFICIAL INTELLIGENCE OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ DECEMBER 6, 2019 __________ Printed for the use of the Committee on Financial Services Serial No. 116-73 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] ______ U.S. GOVERNMENT PUBLISHING OFFICE 42-632 PDF WASHINGTON : 2020 HOUSE COMMITTEE ON FINANCIAL SERVICES MAXINE WATERS, California, Chairwoman CAROLYN B. MALONEY, New York PATRICK McHENRY, North Carolina, NYDIA M. VELAZQUEZ, New York Ranking Member BRAD SHERMAN, California ANN WAGNER, Missouri GREGORY W. MEEKS, New York PETER T. KING, New York WM. LACY CLAY, Missouri FRANK D. LUCAS, Oklahoma DAVID SCOTT, Georgia BILL POSEY, Florida AL GREEN, Texas BLAINE LUETKEMEYER, Missouri EMANUEL CLEAVER, Missouri BILL HUIZENGA, Michigan ED PERLMUTTER, Colorado SEAN P. DUFFY, Wisconsin JIM A. HIMES, Connecticut STEVE STIVERS, Ohio BILL FOSTER, Illinois ANDY BARR, Kentucky JOYCE BEATTY, Ohio SCOTT TIPTON, Colorado DENNY HECK, Washington ROGER WILLIAMS, Texas JUAN VARGAS, California FRENCH HILL, Arkansas JOSH GOTTHEIMER, New Jersey TOM EMMER, Minnesota VICENTE GONZALEZ, Texas LEE M. ZELDIN, New York AL LAWSON, Florida BARRY LOUDERMILK, Georgia MICHAEL SAN NICOLAS, Guam ALEXANDER X. MOONEY, West Virginia RASHIDA TLAIB, Michigan WARREN DAVIDSON, Ohio KATIE PORTER, California TED BUDD, North Carolina CINDY AXNE, Iowa DAVID KUSTOFF, Tennessee SEAN CASTEN, Illinois TREY HOLLINGSWORTH, Indiana AYANNA PRESSLEY, Massachusetts ANTHONY GONZALEZ, Ohio BEN McADAMS, Utah JOHN ROSE, Tennessee ALEXANDRIA OCASIO-CORTEZ, New York BRYAN STEIL, Wisconsin JENNIFER WEXTON, Virginia LANCE GOODEN, Texas STEPHEN F. LYNCH, Massachusetts DENVER RIGGLEMAN, Virginia TULSI GABBARD, Hawaii WILLIAM TIMMONS, South Carolina ALMA ADAMS, North Carolina MADELEINE DEAN, Pennsylvania JESUS ``CHUY'' GARCIA, Illinois SYLVIA GARCIA, Texas DEAN PHILLIPS, Minnesota Charla Ouertatani, Staff Director TASK FORCE ON ARTIFICIAL INTELLIGENCE BILL FOSTER, Illinois, Chairman EMANUEL CLEAVER, Missouri BARRY LOUDERMILK, Georgia, Ranking KATIE PORTER, California Member SEAN CASTEN, Illinois TED BUDD, North Carolina ALMA ADAMS, North Carolina TREY HOLLINGSWORTH, Indiana SYLVIA GARCIA, Texas ANTHONY GONZALEZ, Ohio DEAN PHILLIPS, Minnesota DENVER RIGGLEMAN, Virginia C O N T E N T S ---------- Page Hearing held on: December 6, 2019............................................. 1 Appendix: December 6, 2019............................................. 33 WITNESSES Friday, December 6, 2019 Fender, Rebecca, CFA, Senior Director, Future of Finance Initiative, Chartered Financial Analyst (CFA) Institute........ 8 Lopez de Prado, Marcos, Professor of Practice, Engineering School, Cornell University, and Chief Investment Officer, True Positive Technologies.......................................... 6 McIlwain, Charlton, Vice Provost, Faculty Engagement and Development, and Professor of Media, Culture, and Communication, New York University (NYU)....................... 4 Rejsjo, Martina, Vice President, Nasdaq MarketWatch.............. 11 Wegner, Kirsten, Chief Executive Officer, Modern Markets Initiative (MMI)............................................... 10 APPENDIX Prepared statements: Fender, Rebecca.............................................. 34 Lopez de Prado, Marcos....................................... 53 McIlwain, Charlton........................................... 66 Rejsjo, Martina.............................................. 80 Wegner, Kirsten.............................................. 89 Additional Material Submitted for the Record Foster, Hon. Bill: Written statement of Public Citizen.......................... 98 ROBOTS ON WALL STREET: THE IMPACT OF AI ON CAPITAL MARKETS AND JOBS IN THE FINANCIAL SERVICES INDUSTRY ---------- Friday, December 6, 2019 U.S. House of Representatives, Task Force on Artificial Intelligence, Committee on Financial Services, Washington, D.C. The task force met, pursuant to notice, at 9:42 a.m., in room 2128, Rayburn House Office Building, Hon. Bill Foster [chairman of the task force] presiding. Members present: Representatives Foster, Cleaver, Casten, Adams, Garcia of Texas; Loudermilk, Hollingsworth, and Riggleman. Also present: Representative Himes. Chairman Foster. The Task Force on Artificial Intelligence will now come to order. Without objection, the Chair is authorized to declare a recess of the task force at any time. Also, without objection, members of the full Financial Services Committee who are not members of this task force are authorized to participate in today's hearing. Today's hearing is entitled, ``Robots on Wall Street: The Impact of AI on Capital Markets and Jobs in the Financial Services Industry.'' The Chair will now recognize himself for 5 minutes for an opening statement. First off, thank you all for joining us today for what should be a very interesting hearing of this task force. Today, we are looking at exploring how artificial intelligence (AI) is being deployed in capital markets, from automated trading, to portfolio allocation, to investment management decisions. We are also going to consider how the use of this technology is changing the nature of work in financial services, rendering some jobs obsolete and changing the skill sets needed to excel in others. It would not be much of an exaggeration today to say that Wall Street, quite literally, is run by computers. Long gone are the days where traders would be screaming orders on the floor of the New York Stock Exchange and financial analysts would use TI calculators and pore over the ticker tape and financial statements to glean insights into a company's value. I actually hear about those days from the limo driver who takes me back, who used to be a floor trader on the Merc. Today, trades are automated and orders are executed in milliseconds or microseconds. Passive exchange-traded funds (ETFs) have proliferated, relying on algorithmic models to ensure the fund's holdings of shares are properly weighted to whatever index or benchmark it is tracking. Quantitative hedge funds, or quant funds, use algorithms that scour all sorts of market data to find the stocks that have the most price momentum or the highest dividends or look for correlations in the market and in the external data feeds to provide the most value for investors. And I think it is very notable that a lot of the shakeup that we are seeing in those markets is really a reflection of, sort of, the winner-take-all nature of digital economies--that any digital business, purely digital business is a natural monopoly, and as more of finance becomes digitized, you are going to see more and more of the rewards go to a smaller and smaller number of dominant players. And I would like to emphasize, that doesn't mean they are evil; it is just simply a natural reflection of the nature of the digital marketplace. Other asset managers may use algorithms to perform complex research and analysis in real-time on big data sets. This could include scouring of social media sites, satellite information, internet traffic, online transactions, and just about anything else you can think of. This is, I guess, good in terms of having the market reflect all known data, but there are abusive corners. For example, imagine what it would be worth if you had a 10-second early look at Trump's Twitter feed, how much money you could make trading off that, for example. The three types of computer-managed funds--index funds, ETFs, and quant funds--make up about 35 percent of the approximately $31 trillion American public equities market. Human managers, such as traditional hedge funds and other mutual funds, manage just 24 percent of the market. The rise of the so-called computerization of our stock markets has a number of benefits. The costs of executing trades has gone way down, sometimes to zero dollars, and there is more liquidity in the market. Passive funds charge less than 1 percent of assets under management each year, while active managers often charge 20 times that much. It certainly creates additional questions as well, however, as in the 2010 flash crash. And the more recent mini flash crashes have shown algorithmic trading can sometimes cause unpredictable consequences that create market volatility. It can also exacerbate information asymmetry between different types of investors, as firms with more and faster access to enormous data sets are able to obtain a competitive advantage. Another broader question is how these developments are impacting the nature of jobs in the financial services industry. A recent Wells Fargo research report estimated that technological efficiencies would result in about 200,000 job cuts over the next decade in the U.S. banking industry. While these cuts will certainly affect back-office, call-center, and customer-service positions, the pain will be widespread. Many front-office workers, such as bankers, traders, and financial analysts, could also see their head count drop by almost a third, according to a McKinsey & Company report released earlier this year. The report also found that 40 percent of existing jobs at financial firms could be automated with current technology. So, if you spend your whole day staring at a big screen, and particularly if you are receiving a large paycheck, your job will be at risk. Understanding the skills that will be needed to excel in the financial services industry of tomorrow and how we can encourage these skills is one of the issues that we must tackle head-on and tackle early. In a world where many functions can be done by automated AI models, what role does that leave for humans? So, I very much look forward to hearing from our witnesses on these issues. With that, I would like to recognize the ranking member of the task force, my friend from Georgia, Mr. Loudermilk, for 5 minutes. Mr. Loudermilk. Thank you, Mr. Chairman. And I want to thank each of our witnesses who are here today. Thank you for taking the time to be here to discuss this issue. While the rest of America is fixated on other things going on here, this is something that may not resonate on the major networks, but it is something that is very important, and has an impact on our lives, positively but also potentially negatively, and it is important that we look into this. And, as you know, today, the task force will examine the intersection between technology and the capital markets. In recent years, there have been many technological developments, including the adoption of artificial intelligence and automation, that have redefined and reshaped trading and investing. The first trades on the New York Stock Exchange were made in the late 1700s using a manual, paper-intensive process. For many years, buyers and sellers communicated about orders over the phone. Today, trading and investing are done on digital platforms, and investors can trade securities from virtually anywhere in the world using modern technology. Electronic trading has benefited the markets in many ways. It has been positive for investors by leading to lower overhead and transaction costs, which has contributed to record investment returns over the last decade. Several major asset management firms now offer zero-percent commissions, which means investors can buy and sell stocks essentially for free and can capture more of the growth of their investments. This would not be possible without electronic trading. Digital trading platforms also provide investors with access to low-cost financial research and advice 24 hours a day using robo-advisors. Electronic trading also makes markets more efficient by allowing faster searches for prices, better processing of large sets of data, and more transparent price information. The proliferation of technology can also lower firms' barriers to entry, foster more competition, improve risk management, and increase market access for investors. In addition to these core benefits, there are many other cases of companies using AI to improve efficiencies in the capital markets in unique ways. For example, some clearing companies are using AI to optimize the settlement of trades and enhance cybersecurity and fraud detection. Some self-regulatory organizations are also using AI in regtech and market surveillance. While there are many benefits to electronic trading, it can also present new challenges. One challenge, which is at the forefront of our discussion today, is the disruption of the job market. While the rise of automated trading has displaced many floor traders, job opportunities in fields like code writing, cloud management, telecommunications, fiber optics, and data analysis are growing. There is some concern that high-frequency trading can contribute to volatility, but new evidence suggests that high- frequency trading does not increase volatility and can actually improve liquidity. There is also some concern that firms that don't have the latest technology could be competed out of the markets. It is important to keep in mind that not all types of electronic trading are the same, and I look forward to learning more from the witnesses about the differences between automated trading, algorithmic trading, high-frequency trading, and computer trading. Finally, I look forward to exploring the legislative and regulatory issues in this space. One issue that I think needs to be addressed is the protection of source code, because algorithms are traders' core intellectual property. They must be protected. We passed a bill out of this committee and the House on a bipartisan basis last Congress to ensure that the Securities and Exchange Commission issues a subpoena before obtaining these algorithms, rather than getting them through routine exams. Mr. Chairman, I hope that we will be able to work together on a bill this Congress. I thank you, and I yield back. Chairman Foster. Thank you. And, today, we are welcoming the testimony of Dr. Charlton McIlwain, vice provost for faculty engagement and development, and professor of media, culture, and communication at NYU; Dr. Marcos Lopez de Prado, professor of practice at the Engineering School, Cornell University, and chief investment officer of True Positive Technologies; Ms. Rebecca Fender, CFA, senior director, Future of Finance Initiative at the Chartered Financial Analyst Institute; Ms. Kirsten Wegner, chief executive officer of the Modern Markets Initiative; and Ms. Martina Rejsjo, head of Nasdaq market surveillance, Nasdaq Stock Market. Witnesses are reminded that your oral testimony will be limited to 5 minutes, and without objection, your full written statements will be made a part of the record. Dr. McIlwain, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF CHARLTON MCILWAIN, VICE PROVOST, FACULTY ENGAGEMENT AND DEVELOPMENT, AND PROFESSOR OF MEDIA, CULTURE, AND COMMUNICATION, NEW YORK UNIVERSITY (NYU) Mr. McIlwain. Chairman Foster and Ranking Member Loudermilk, thank you for inviting me to testify. While my written remarks cover four key areas, my oral remarks focus on two: the implications of automation on the workforce; and mitigating algorithmic discrimination and bias. We have ample reason to be concerned about automation's future in the financial services sector. First, the financial services sector is ripe for automation and algorithm-driven innovation. Second, the fintech sector is on the rise. Third, a large number of workers will likely be displaced in the financial services sector even if automation and AI development is projected to create new types of jobs. If all of this is true, then the cause for concern is clear. It lies with the fact that African Americans and Latinx workers, in particular, are already vastly underrepresented in the financial services sector workforce. African Americans, Hispanics, and Asians make up only 22 percent of the financial services industry workforce. African- American representation in the financial services sector, at both entry-level and senior-level jobs, declined from 2007 to 2015. Less than 3.5 percent of all financial planners in the U.S. are Black or Latinx. African Americans make up just 4.4 percent and Hispanics just 2.9 percent of the securities subsector. Asians make up just 2.8 percent of the central banking and insurance subsectors. My point is simple: Racial groups that are already extremely underrepresented in the financial services industry will be most at risk in terms of automation and the escalation of fintech development. This is especially true given the vast underrepresentation of African Americans and Latinx in the adjacent technology sector workforce. If we are to mitigate the likelihood that automation will disproportionately and negatively affect those already underrepresented in the financial services industry, we must plan ahead long into the future rather than allowing the market to run its course towards predictable outcomes. Now, to the subject of deterring algorithmic bias. Certainly, one way to mitigate against algorithmic bias is to develop best practices for constructing and deploying algorithmic systems and providing more oversight from industry, government, and nongovernmental bodies who are able to assess how such systems are used and the outcomes they produce. This includes technical solutions that make algorithms more transparent and auditable and mitigate against potential biases before such systems gain widespread use rather than trying to simply correct their effects once their damage is done. But I want to emphasize that, especially when it comes to mitigating the potential disparate outcomes that biased algorithms might have on individuals and communities of color, simple reliance on technical fixes by technologists is not a complete solution. I want to end by drawing on the wisdom of Bayard Rustin, a former civil rights leader who had a sophisticated understanding of computerized automation and algorithmic systems as they existed in his time. He said, ``Today, the unskilled and semi-skilled worker is the victim, but cybernation invades the strongholds of the American middle class as once-proud white-collar workers begin sinking into the alienated world of the American underclass. And as the new poor meets the old poor, we find out that automation is a curse. But it is not the only curse. The chief problem is not automation but social injustice itself.'' Take as a final example the findings from a recent National Bureau of Economic Research study, titled, ``Consumer-Lending Discrimination in the FinTech Era.'' Their researchers sought to determine whether an algorithmic system could reduce discrimination in mortgage lending as compared to traditional face-to-face lending processes. Their findings were mixed. Yes, the algorithmic system discriminated 40 percent less than the traditional process, but that also meant that the process still discriminated against a large number of Black and Latinx loan applicants. Further, even though the algorithmic system did not, on balance, discriminate in terms of loan approval, it did discriminate against Black and Latinx users in terms of price. One of the key conclusions of the study states that both fintechs and face-to-face lenders may discriminate in mortgage issuance through pricing strategies. We are just scratching the surface of the role of pricing strategy discrimination in the algorithmic area of data use. In short, algorithmic lending may reduce discrimination relative to face-to-face lenders, but algorithmic lending is not, alone, sufficient to eliminate discrimination in loan pricing. Even with the aid of a fair, accurate, and transparent algorithmic system, racial discrimination persists. Thank you again for allowing me the opportunity to contribute to these proceedings. [The prepared statement of Mr. McIlwain can be found on page 66 of the appendix.] Chairman Foster. Thank you. Dr. Lopez de Prado, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF MARCOS LOPEZ DE PRADO, PROFESSOR OF PRACTICE, ENGINEERING SCHOOL, CORNELL UNIVERSITY, AND CHIEF INVESTMENT OFFICER, TRUE POSITIVE TECHNOLOGIES Mr. Lopez de Prado. Thank you, Chairman Foster, Ranking Member Loudermilk, and distinguished members of this task force. It is an honor to be asked to contribute to this committee today. As a result of recent advances in pattern recognition, supercomputing, and big data, today, machine-learning algorithms can perform tasks that until recently only expert humans could accomplish. An area of particular interest is the management of investments, for two reasons. First, some of the most successful hedge funds in history happen to be algorithmic. The key advantage of algorithmic funds is that their decisions are objective, reproducible, and can be improved over time. The second advantage is that the automation enables substantial economies of scale and cost reductions. Automated tasks include ordered execution, portfolio construction, forecasting, credit rating, and fraud detection. Financial AI creates a number of challenges for the over 6 million people employed in the finance and insurance industry, many of whom will lose their jobs, not because they will be replaced by machines but because they have not been trained to work alongside algorithms. The retraining of these workers is an urgent and difficult task. But not everything is bad news. As technical skills become more important in finance than personal connections or privileged upbringing, the wage gap between genders, ethnicities, and other classifications should narrow. In finance, too, math could be a great equalizer. Retraining our existing workforce is of critical importance; however, it is not enough. We must make sure that the talent that American universities help contribute and develop remains in our country. The founders of the next Google, Amazon, or Apple are this very morning attending a math or engineering class at one of our universities. Unlike in the past, odds are these future entrepreneurs are in our country on a student visa and that they will have a very hard time remaining in the United States unless we help them. Unless we help them, they will return to their countries of origin with their fellow students to compete against us. On a different note, I would like to draw your attention to two practical examples of regtech--that is, the application of machine-learning algorithms to regulatory oversight. A first embodiment of regtech is the crowdsourcing of investigations. One of the most challenging tasks faced by regulators is to identify market manipulators among oceans of data. This is literally a very challenging task, like searching for a needle in a haystack. A practical approach is for regulators to enroll the help of the data science community, following the example of talent competitions or the Netflix Prize. Accordingly, regulators could anonymize transaction data and offer it to the worldwide community of data scientists, who would be rewarded with a portion of the fines levied by regulators against wrongdoers. The next time that financial markets experience something like the flash crash, this tournament approach could lead to a faster identification of potential market manipulators. A second embodiment of regtech is the detection of false investment products. Academic financial journals are filled with false investment studies as a consequence of backtest overfitting. Financial firms offer online tools to overfit backtests, and even large hedge funds fall constantly for this trap, leading to investor losses. One solution is to require financial firms to record all the backtests involved in the development of a product. With this information, auditors and regulators could compute the probability that the investment strategy is overfit, and this probably could be reported in the funds' promotional material. Finally, I would like to conclude my remarks with a discussion of bias. Yes, machine-learning algorithms can incorporate human biases. The good news is we have a better chance at detecting the presence of biases in algorithms and measure that bias with greater accuracy than on humans. The reason is that we can subject algorithms to a batch of randomized, controlled experiments, and we will calibrate those algorithms to perform as intended. Algorithms can assist human decision-makers by providing a baseline recommendation that humans can override, thus exposing biases in humans. As algorithmic investing becomes more prevalent, Congress and regulators can play a fundamental role in helping reap the benefits of this technology while mitigating its risks. Thank you for the opportunity to contribute to this hearing, and I look forward to your questions. [The prepared statement of Dr. Lopez de Prado can be found on page 53 of the appendix.] Chairman Foster. Thank you. Ms. Fender, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF REBECCA FENDER, CFA, SENIOR DIRECTOR, FUTURE OF FINANCE INITIATIVE, CHARTERED FINANCIAL ANALYST (CFA) INSTITUTE Ms. Fender. Chairman Foster, Ranking Member Loudermilk, and members of the task force, thank you for inviting me to testify here today. My name is Rebecca Fender, and I am the senior director of the Future of Finance Initiative at the CFA Institute, which is our thought leadership platform. CFA Institute is the largest nonprofit association of investment professionals in the world, with 170,000 CFA charterholders in 76 countries. CFA Institute is best known for its Chartered Financial Analyst designation, the CFA Charter, which is a rigorous, three-part, graduate-level exam. To earn the designation, charterholders must also have at least 4 years of industry experience. CFA Institute is a nonpartisan organization and seeks to be a leading voice on global issues of transparency, market efficiency, and investor protection. Earlier this year, CFA Institute published a paper on the investment professional of the future, examining the changing roles and changing skills of the industry in the next 5 to 10 years. Among the CFA Institute members and candidates we surveyed, 43 percent think the role they perform today will be substantially different in 5 to 10 years' time. And it was greater than 50 percent among financial advisors, traders, and risk analysts. Another 5 percent do not think their role will exist by then. One of the catalysts is technology. CFA Institute sees the impact of technology on jobs in the investment industry as a pyramid. At the foundation, we have basic applications. Everyone will need to learn to do things differently, and they must be more comfortable using and understanding technology. Some people will face tech substitution, but many more will have their roles adapted. In the middle, there are specialist applications, where technology will enhance work. And at the top, there are hyperspecialist roles that will be less common but very valuable. This includes roles at quant firms and AI labs. CFA Institute believes the key to this evolution is ongoing learning. Our exam curriculum now includes material about machine learning. And among the members and candidates we surveyed in our recent report, 58 percent have interest in data-analysis coding languages, like Python and R. Similarly, data visualization and data interpretation are areas that more than half have expressed interest in. In terms of the role of artificial intelligence in the investment industry, the organizing principle we see is: artificial intelligence plus human intelligence, or AI+HI. In these middle and top levels of that technology hierarchy, investment management and technology teams work together. AI techniques can augment human intelligence to free investment professionals from routine tasks and enable smarter decision-making. Investment professionals will spend less time finding and entering data and more time ensuring models are consistent with how markets work. AI unlocks the potential of unstructured data and can identify patterns in information more efficiently than humans. AI can amplify an investment team's performance but cannot replicate its creativity. In our recent paper, ``AI Pioneers in Investment Management,'' authored by my colleague, Larry Cao, we have identified three types of AI in big-data applications that are emerging in investment managemen: first, the use of natural language processing, computer vision, and voice recognition to efficiently process text, image, and audio data; second, the use of machine-learning techniques to improve the effectiveness of algorithms used in investment processes; and third, the use of AI techniques to process big data, including alternative and unstructured data, for investment insights. We find that relatively few investment professionals, about 10 percent, are currently using AI and machine-learning techniques in their investment processes. However, here are a few examples from our case studies of what the AI pioneers are doing. First, Goldman Sachs' sell-side research team is better able to analyze national concrete companies supplying the construction industry by using geospatial data of 9,000 U.S. quarries that each act as local businesses. Second, the data science team at American Century Investments studied psychology textbooks to determine patterns of deception in children and criminals. They then applied machine learning to these patterns in their earnings calls to determine where spin, omission, obfuscation, and blame are being used. Finally, Bloomberg has had a sentiment analysis product available since 2009 which analyzes the potential effect of news stories on valuations. They process 2 million documents a day through their machine-learning platform. This was alternative data used only by hedge funds at first, but now many of their clients use it. Just as the investment industry is beginning to employ greater technology, regulators can look at new data in the world of regtech. This speed and volume of data presents a new surveillance challenge. Regulators will need to have the tools and resources to keep pace with changes. Thank you again for the opportunity to testify today, and I look forward to your questions. [The prepared statement of Ms. Fender can be found on page 34 of the appendix.] Chairman Foster. Thank you. Ms. Wegner, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF KIRSTEN WEGNER, CHIEF EXECUTIVE OFFICER, MODERN MARKETS INITIATIVE (MMI) Ms. Wegner. Thank you, Chairman Foster, Ranking Member Loudermilk, and members of the AI Task Force. It is an honor to discuss the role of automation of the markets and our deployment of artificial intelligence in the financial services industry and our future workforce. I am Kirsten Wegner, chief executive officer of Modern Markets Initiative. We are an education and advocacy organization comprised of automated trading firms. We operate in over 50 markets globally and, together, employ over 1,600 people. Our advisory board, which is half women, promotes responsible innovation, including advancing a diverse workforce in our industry. Over the past decades, we have seen automated trading leading to much of the replacement of the exchange-floor-based intermediaries you see in 1980s Wall Street movies. Technology, as you have noted, has reduced the cost of trading for the average investor by more than half over the past decade, both in direct trading costs and in savings through tighter bid-ask spreads. So if you are an investor in a 529 college savings plan, a pension fund, or a 401(k), then you have benefited from today's low-cost trading and all of the dependable liquidity that we see in the markets. And studies have shown that over a lifetime of savings, investors have 30 percent more in their bank accounts as the result of the automation. Now, as we look ahead, there are four points that I want to discuss here in the oral testimony. First, global competition to adopt the latest AI technologies will make human decision-making more efficient in terms of speed, processing time, depth of data, and it is going to confirm more efficiencies and cost savings for U.S. investors across-the-board. Already, competition in the markets has resulted in near-zero-commission online trading from Fidelity, Charles Schwab, and Robinhood, and we have seen a rise in the ETF industry from those efficiencies. Similarly, automated trading has brought down overall trading costs to a fraction of the price from decades ago. Second, we can expect to see a proliferation of regtech as AI becomes increasingly valuable for individual firms and regulators to police the markets more efficiently. AI functionality in regtech includes monitoring, reporting and compliance, and processing of regulatory filings; loan origination processing; detection and reporting of illegal and irregular trading; and detection of cyber risk. And, notably, I want to point out that through public- private partnerships, firms can play a role in working with a regulator to share those limited resources in AI and to share cutting-edge technology. Since 2017, several Modern Markets Initiative members have welcomed the opportunity to work together with FINRA in public-private partnerships. We are contributing our know-how while welcoming deploying artificial intelligence together to surveil the markets. So automated trading firms are incentivized to detect bad actors, because we, too, can be the victims of fraud. And as bad actors become more sophisticated globally, it is absolutely vital that financial regulators have the funding resources so they, too, have the technological capacity and access to AI and automated technologies to be a strong and effective cop on the beat. Third, as AI technology matures, we can expect increased demand for high-quality, robust data, including alternative data, to provide what I call the crude oil for the engines of AI. This entails large quantities of complex data that humans alone cannot digest. So I think we are going to see policy questions arise around this proliferation of data; I think it was already noted, questions of competition and antitrust in the digital marketplace. We are going to see increasing discussion of intellectual property rights and ownership rights of that data and questions of access to that data and the cost of data. I think alternative data has been successful in helping establish a credit history for the underbanked. That is one positive. But I think we need to continue discussions surrounding algorithm bias. And, in my prepared testimony, I have noted next steps, including industry-led initiatives, to share best practices, utilize ethics officers, and regtech approaches. And, last, I want to talk about the future of the workforce. AI and automation can and should be a tool rather than a replacement for humans. Some jobs will disappear, and others will grow. Areas of growth we can expect to see are in the computer occupations, jobs related to the transmission, storage, security, privacy, and integrity of data, the fiber- optics industry. They are all going to be fueling the AI economy. There is massive existing demand for qualified technological talent across virtually all sectors of our economy, particularly in the financial sector. The current baseline participation for women, and particularly women of color, is something that leaves room for substantial improvement, and that is something we are focused on. And a skilled workforce for tomorrow's Wall Street is only as good as the companies that are there to invest in technology. I thank you for your time. [The prepared statement of Ms. Wegner can be found on page 89 of the appendix.] Chairman Foster. Thank you. And, Ms. Rejsjo, you are now recognized for 5 minutes to give an oral presentation of your testimony. STATEMENT OF MARTINA REJSJO, VICE PRESIDENT, NASDAQ MARKETWATCH Ms. Rejsjo. Thank you, Chairman Foster and Ranking Member Loudermilk, for the opportunity to testify on the impact of AI on our capital markets. Many people associate AI with high-tech and movies such as ``The Matrix,'' and ``Terminator,'' but we at Nasdaq strongly believe that we can use this technology to target a wholly different prey: the fraudster. As you know, Nasdaq has extensive experience leveraging technology to operate our markets and markets around the world to protect participants and investors. We operate 25 exchanges and 6 clearinghouses around the globe. And we sell marketplace technology--trading, clearing, and surveillance systems--to hundreds of the world's markets, regulators, exchanges, clearinghouses, and broker-dealers. Our internal surveillance department is monitoring the markets for insider trading, fraud, and manipulation, as well as handling real-time events in the market. The accessibility of the markets and the increase in players with the ability to deploy manipulative strategies using their own technology and the exponential increase in data quantities can act as the perfect ecosystem for market manipulators to hide amongst the noise. This increased complexity in monitoring presents new challenges for the surveillance team relying on preconceived parameters and known factors to detect manipulative patterns. Our surveillance program is using algorithmic coding to detect unusual market behavior, running over 40 different algorithms in real-time, utilizing over 35,000 parameters. In addition to real-time surveillance, there are over 150 patterns covering post-trade surveillance to identify a wider range of potential misconduct. The team proactively develops tools and procedures to increase the quality of surveillance and to meet changing demands in the markets. But with the manner in which patterns are currently recognized, relying on known factors to describe behavior, it can be difficult to capture new behavior and to remain proactive rather than reactive to threats in the market. In addition, predefined expectations of what patterns look like can often limit alert results, depending on how alert parameters are calibrated. Calibration also presents a continued challenge when determining the best balance between false positives and true alerts. These challenges led to a calibration between the Nasdaq Machine Intelligence Lab, Nasdaq's market technology business, and the Nasdaq U.S. Surveillance Team, to enhance surveillance capacities with the help of artificial intelligence. Using AI to detect abnormal behavior patterns is based on the notion that manipulative behavior can be identified by signals in the markets, that a scheme to defraud market participants often has a specific pattern to it. There is a price rise or decline, an action is taken, and the trading is then back to normal. So, this signaling concept leads to new ways to look at pattern detection. By leveraging AI, detection models are not tied to static logic or parameters. We are able to train the AI machine based on visual patterns of manipulation, and we started to look at this spoofing pattern. The machine must then further train with human input, and then transfer learning was used to expand the scope of this project beyond spoofing. Transfer learning leveraged AI to apply a model developed for a specific task at the starting point for a model on the second task. By using deep-learning and human-in-the-loop techniques, the new models for detecting market abuse with our initial spoofing examples indicated usable results with 95 percent fewer examples than typically required. The inclusion of AI into the detection function will allow us to focus the effort on in-depth investigations of potential manipulative behavior instead of triaging a high number of false positives. But, to be clear, the human input is still of critical importance, both in analyzing the output from the surveillance system but also in continuously training the machine to produce more and more accurate outputs. The massive growth in market data is a significant challenge for surveillance professionals. Billions of messages pass through a larger market on an active day. In addition, market abuse attempts have become more sophisticated, putting more pressure on surveillance teams to find the needle in the data haystack. By incorporating AI, we are sharpening our detection capabilities and broadening our view of market activity to safeguard the integrity of our financial markets. Surveillance is a critical use case for AI, but Nasdaq is also looking to apply it in other businesses. For example, we are using a version of AI, natural language processing, in the listings business to facilitate the compliance review of public company filings. In closing, we are convinced that this use case for AI will benefit investors and the resiliency of the U.S. market and the other markets that we serve. Thank you for the opportunity to testify, and I am happy to answer your questions. [The prepared statement of Ms. Rejsjo can be found on page 80 of the appendix.] Chairman Foster. Thank you. And I will now recognize myself for 5 minutes for questions. I should also mention to the Members present, it looks like the latest estimate for votes is now 11:30, so we may, in fact, have time for a second round of questions for Members who are interested. We will have to play it by ear. Dr. Lopez de Prado, you note in your testimony that today, data vendors offer a wide range of data sets--and I think other witnesses mentioned that--things that were not available a couple of years ago. And not only the data itself but the processing power to analyze it and the real-time delivery of that data is becoming more and more important to successfully trade on it. Could you just illuminate for us what are some of the more interesting data sets that you now see being used? Mr. Lopez de Prado. Certainly. It is a combination of data sets. On one hand, we have access now to credit card transactions, geolocation data, satellite images, transcriptions from earning calls, engineering data, and data from engineering processes like exploration and production companies that allow us to better estimate where the wells are for extraction of oil or fracking--all sorts of data. Keep in mind, please, that 80 percent of all data recorded today was generated over the past 3 or 4 years. Going back to history, going back to Mesopotamia, there is a lot of data around, data that we aren't even aware of but is just being scraped from websites and such. So all of this data can be used to understand what is the psychology of people, what is the state of mind of people, understanding people are more inclined today to take risks or to, for instance, relocate their assets to fixed income instead of stocks; trying to understand from news articles, as one of my colleagues mentioned, what are the narratives associated with particular companies. The amount of data today is staggering, and this is only going to increase because the storage of data is becoming cheaper every day and the processing power is increasing. So, this is definitely a trend that is not going to stop. Chairman Foster. Yes. And as I think I mentioned in my opening remarks, that has a danger of driving monopoly, the returns to scale--because you get more correlations to look at with your AI if you have the full range of data. And so, this will naturally cause those smaller players in the market to be less effective, and less profitable. And I think, that is probably what you are seeing in high-frequency trading, the consolidation that you are seeing there. Now, is there any way around this? And how hard should we lean against the natural tendency to monopoly here in financial trading? Mr. Lopez de Prado. There are two schools of thought in this regard. Number one, there are a number of academics who believe that this consolidation is not necessarily negative, in the sense that the few survivors that are able to consolidate, for instance, high-frequency trading, today are operating like utilities. They are not making the kind of returns that they were able to obtain 9 years or 10 years ago. Essentially, what happens is that they break even. These technologies are becoming so expensive that they have to spend this time and money in order to achieve a profit that is dwindling. There are a number of academics who believe that, actually, consolidation is not necessarily negative. There is, on the other hand, of course, the problem that a small number of operators could have a grip on the market, and it also could cause a domino effect if one of them fails to provide liquidity. So, there is a need to strike a balance between, on one hand, preventing too much consolidation, and on the other hand, also favoring competition between these operators. Chairman Foster. Yes. Ms. Wegner, you mentioned that this actually netted out--or, at least, electronic trading generally netted out very positively for someone's retirement account, that it actually, because of the lower bid-offer spreads and transaction costs, that, actually, it was--I think you quoted 30 percent-- Ms. Wegner. Correct. Chairman Foster. --more in your retirement account as a result of this. So, similarly, when AI is widely deployed, if it is very effectively deployed, in principle we get a more efficient capital allocation across our country. And so is, actually, the best strategy to let a small number of very dominant players have access to all the data sets to get a more efficient economy? Ms. Wegner. Yes. I think it is absolutely-- Chairman Foster. Or are we better off just letting a thousand flowers bloom? Ms. Wegner. Sure. I think it is absolutely vital that we encourage policies that promote strong competition in this space. And with high-frequency trading and automated trading, we have seen such fierce competition over the past decade or two that we are approaching near-zero latency speed, we are approaching the speed of limits of-- Chairman Foster. But also more monopolization. I think my time is up here, but this is something I intend to return to-- Ms. Wegner. Sure, absolutely. Chairman Foster. --if we get a chance here. Ms. Wegner. I am happy to respond. Chairman Foster. Thank you all. I now yield 5 minutes to the ranking member, Mr. Loudermilk. Mr. Loudermilk. Thank you, Mr. Chairman. Ms. Wegner, as you know, the SEC has experienced some cybersecurity difficulties, especially in the 2016 EDGAR data breach. I think it is important for the SEC to only obtain proprietary trading algorithms, if absolutely necessary, with a subpoena. So I was wondering if you could discuss why it is important for source code to be protected? Ms. Wegner. Sure. That is a very good question. The real lifeblood of automated trading and the, kind of, secret sauce is the source code--that is the valuable intellectual property that the different firms are competing against each other with, not just domestically but globally. And just like a self-driving car company needs to keep its algorithms and source-code intellectual property protected from misappropriation, so do algorithmic traders rely on government protection for their intellectual property. There was a proposal a number of years ago to perhaps collect IP source code and put that in a government repository just in case it was needed. That never came to light, but it is still something we are absolutely educating policymakers on. This should be, I think, a bipartisan area of interest, to ensure that we have a globally competitive marketplace that protects intellectual property rights. Mr. Loudermilk. I appreciate that from my time in the military working in intelligence. We had a principle we lived by because of the sensitivity of the data that we collected and maintained, which was, ``If you don't need something, don't keep it,'' which means you don't have to protect what you don't have. And my concern is how vulnerable the industry becomes, because, quite frankly, the government tends to be the weakest link when it comes to data security in some aspects. So, I think obtaining that source code is not only just a violation of the privacy right of the business, the coder, but it could also be a national security risk. Ms. Wegner. I think that is right. If bad actors were able to breach the source code, it would be presenting an opportunity for manipulating the markets or cyber risks. So it is absolutely vital that we protect the intellectual property rights of source code. Mr. Loudermilk. Thank you. Ms. Fender, the adoption of artificial intelligence in electronic trading can disrupt the job market and displace floor traders, but technologies also create a need for more workers in other fields. Today, we have about a million people working in the airline industry, but in the early 1900s, The Washington Post led with a headline that said, ``Man Will Never Fly and Shouldn't,'' and part of their argument was the displacement of people in the job market. Could you touch on the job fields that are growing because of the use of AI in the capital markets space? Ms. Fender. Yes. Thank you. As you noted, there are many ways that jobs are changing, and adaptation is really the key. We surveyed industry leaders, the people who are doing the hiring, and we asked, ``What are the most important skills going forward? Maybe it is not necessarily in the job description. What are the skills underlying who will succeed in the future?'' And they talked about something called T-shaped skills. This is an idea that, if you think about the letter ``T,'' you have the vertical bar where there is deep subject-matter expertise and a horizontal bar where you can cut across different disciplines. And if you think about fintech, we have big risk if there is ``fin'' over here and ``tech'' over here, and they aren't talking. So, the ability to connect the two is where there is a lot of opportunity. These are the innovators. This is an area where you will see more research needing to be done so that we understand what the trends are. And the key thing is that people have to ask the right questions. Firms are realizing you have to think about the return on investment (ROI) of gathering this data. And many of the machine-learning people will say a large percentage of the data isn't that useful. So you have to be smart about how to do that and start the process with investment professionals. Mr. Loudermilk. Okay. So, what you are getting at is not all the jobs are going to be just as deep intellectual, being able to code and understand algorithms and all that, but there are ancillary jobs that come about because of the development, is that a fair statement? Ms. Fender. Yes, definitely. We don't think, for example, that all CFA charterholders need to become programmers, but we think they are going to have data scientists on their teams, and they are going to need to speak the language and work together. Mr. Loudermilk. Okay. Ms. Rejsjo, I want to talk about the use of artificial intelligence in fraud detection. I view cybersecurity as the biggest challenge that we face in this nation, from a business, government, and personal perspective. Can you touch on quickly--I'm running out of time--how algorithms are used to detect unusual market behavior? Ms. Rejsjo. Yes. As I said, we really rely on the algorithm coding to pick up on the unusual patterns that we see. Everything needs to be compared to something that is usual, right? So we program things to pick up on the unusual things based on historical comparison on specific stocks, how they have been trading in the past. So that is what we do already and we have done for a long time. The new thing here-- Mr. Loudermilk. Thank you. Chairman Foster. At this point, I think we will leave that hopefully to your next round of questioning. The gentlewoman from North Carolina, Ms. Adams, is now recognized for 5 minutes. Ms. Adams. I thank the Chair very much for putting this hearing together. We appreciate it. And, also, those of you who have come to testify, thank you very much for your comments and for your work. Automation technologies, which enable the transfer of tasks from human labor to machines, affect approximately 6.4 million workers employed in the financial services industry. Specific industries like credit lending and capital markets are being affected by AI, as human tasks involving data analysis, decision-making, and compliance are replaced by machine- learning robots. This shift in job automation could predict which jobs in financial services will be replaced and what new jobs could be created. Ms. Wegner, specifically examining loan underwriting compared to the traditional methods of meeting a loan application in person, to what extent does AI replace or augment the work done by loan officers, credit counselors, or other credit underwriters? Ms. Wegner. That is a very good question. In the consumer lending context, I think it is very important that AI is the tool for humans when they are extending credit and extending loans, that there are systems in place to ensure that there isn't any sort of algorithmic bias. And, in my prepared testimony, I noted some suggestions. Our members are not engaged in the consumer lending context, but we have our own insight. I think that loan companies, individually or collectively, could employ ethics officers to ensure that there isn't algorithmic bias in the lending context. I think it is important that industry members share lessons learned as they explore how they are democratizing access to credit and finding the most efficient ways to extend that credit. I think it is really vital that we act now to make sure, as we are building out this system, that we minimize the risk for algorithmic bias in consumer lending. I think it is very vital. Ms. Adams. Thank you, ma'am. Is the U.S. properly equipped to remain competitive in the financial services workforce? This question is to Dr. Lopez de Prado and to Ms. Fender. Mr. Lopez de Prado. The U.S. is the leader in the financial services industry today. My concern is that this leadership is being challenged by the fact that: first, we are not investing as much in AI as other countries; and second, the fact that we are educating our competitors. In my remarks, I mentioned that I am very concerned that the innovators of the future are attending today a class in our universities but they will not be allowed to stay. And, as a result, yes, we are very competitive, and this ability to train these skills is going to turn against us if we are not able to retain this talent. Ms. Adams. Okay. Ms. Fender? Ms. Fender. We have seen that--again, it is early days for how this changes our industry, with only about 10 percent actually using these techniques. But what we are seeing is that firms are doing AI labs, they are doing innovation hubs. They realize that this is something they need to be proactive about. And so we are seeing--out of our case studies, we had a criteria that things in our case studies had to actually be in practice. There is a lot of talk out there, but things that are actually in practice, five of the nine are here in the U.S. Ms. Adams. Great. Thank you. Dr. McIlwain, are we adequately teaching the skills needed for the jobs of the future? Mr. McIlwain. Thank you for the question. I think we are adequately teaching those skills; I think the question is, who has access to that teaching? And so, when we think about underrepresentation of certain individuals and members of the workforce who are not getting the types of education that are needed for the jobs that may be coming online as a result of automation and AI development--and so I think, if we are to have a full pipeline of folks who are able to receive what it is that we teach in our colleges, universities, even high schools and younger, then we have to be more proactive about making sure that all people have access to that teaching and that information. Ms. Adams. No one left behind. Mr. McIlwain. Absolutely. Ms. Adams. Okay. I appreciate that. I am going to yield back, Mr. Chairman. Thank you very much. Chairman Foster. Thank you. The gentleman from Indiana, Mr. Hollingsworth, is now recognized for 5 minutes. Mr. Hollingsworth. I appreciate each of you being here today, and I appreciate the chairman for holding this hearing. This is an important topic, something I have been really passionate about since arriving here in Congress. And, Dr. Lopez de Prado, I appreciate your comments, because what you have touched on is something that I have been an ardent believer in for a long time, which is that the big arm of the Federal Government isn't going to stop the growth of this technology, isn't going to cease the investment in AI either here or around the world. And while we can shape the context by which that technology flows, we are not going to dam up and stop that technology. And so, when people say job losses may result on account of this, there is a lot of fear and a lot of desire to put an end to that and to stop that, but I like how you referenced a lot of training and retraining that may need to happen--training individuals who are graduating from school to ensure they have the skills that are necessary in a 21st-Century workplace, but also ensuring that those who are already in the workplace have the opportunity to get the retraining to continue their competitiveness. And as we see further growth and development in AI, it will require more and more frequent retraining to stay ahead of that, to stay relevant in that field. That is a very competitive field, right? But the second thing you touched on is something I am even more ardent about. We educate a lot of kids in this country. We do higher education in this country better than anywhere else in the world. We bring a lot of talent into this country. We invest a lot in those kids, and then we politely ask them to leave at the end of their tenure here, right? That is embarrassing, that is idiotic, that is stupid, and I hate that. I want to find a way to attract talent into this country and retain talent into this country, not because I believe it is a zero-sum game but because I believe that this country can provide a crucible for technological development that you can't find elsewhere in the world. And I think that technology will benefit humankind over all the world in the long run, and I want to make sure we do that. So, I really appreciate you touching on those topics, and I really appreciate that investment of time. Ms. Wegner, I know that you have a source-code event coming up. Today? Tomorrow? Ms. Wegner. This afternoon. Mr. Hollingsworth. This afternoon, to talk about source code again. And I really appreciate you continuing to educate a lot of people about how important that is. Where I go, all the way across the district in Indiana, I hear more and more about how much technology, how much investment, how much IP is in things that aren't readily seen, either in business processes, in the source code, in the technology underpinning automation itself. And so I know how important that is, and I really appreciate you bringing that to light. All that being said, I wanted to ask Ms. Rejsjo a question that is maybe a little bit far afield from what we are talking about today. I had some people in my office earlier this week who were very complimentary, frankly, of Nasdaq surveillance services. They were very complimentary--they were public companies--and how, when something seems amiss in the markets, Nasdaq was very quick to pick up the phone and say, ``Something seems amiss. Let's figure out what is going on here.'' One of the things that is very important back home is biotech. A lot of biotech firms are based in Indiana. People don't know that. We are trying to get the word out about it. They are concerned about market manipulation, specifically with regard to short-selling. And they are promoting this idea that there should be more disclosure around short-selling, similar to many long positions. Now, they came in and said that disclosure around short- selling would really help us, as a firm, better understand those that might have interests adverse to us, because we can't really track that right now. But the counter-argument that they made was, gosh, Nasdaq seems to be doing a really good job of figuring out when there is potential manipulation. I wondered if you might touch on that. Is disclosure in short-selling something that would benefit the market, something that would benefit these firms? Or do you feel like you have enough of the ability to track potential market manipulation on the back end? And, again, I am not pejorative against short-sellers. I just want to make sure that it is legitimate action, not market manipulation. I wonder if you might comment on that in the last minute. Ms. Rejsjo. I think disclosure is a big part of surveillance. Mr. Hollingsworth. Yes. Ms. Rejsjo. Information is always needed to understand what is happening. Mr. Hollingsworth. Okay. Ms. Rejsjo. I do think that what we have today is sufficient. As you say, we have a lot of patterns that are detecting manipulation such as short-selling, or, I might say, the troublesome part of short-selling. Mr. Hollingsworth. Right. Ms. Rejsjo. I mean, short-selling is legal, right? Mr. Hollingsworth. Right. Of course. Ms. Rejsjo. So it is really to detect what is then being-- how it is used in an abnormal way or in a sort of manipulative kind of way. Mr. Hollingsworth. Yes. So you feel like you can detect the activity that would be illegal or abnormal or different adequately. The question is, what do we do with it after that point, is maybe where we should focus public policy attention? Is that fair? Ms. Rejsjo. Yes. But to be fair, also, there are other parts within Nasdaq that handle more of the policy questions. Mr. Hollingsworth. Okay. Ms. Rejsjo. But for me as a surveillance practitioner, I do think that the disclosure we have and the tools we have to monitor the markets are-- Mr. Hollingsworth. Are adequate. Ms. Rejsjo. Yes. Mr. Hollingsworth. Great. I think that is an important question. Because when they were in my office, I think that is the question: Where do we need to focus public policy attention? And perhaps it is beyond surveillance, and focus more on some of the penalties or some of the actions that happen with the enforcement agencies. With that, I will yield back. Chairman Foster. Thank you. And I am very encouraged that one of the areas of bipartisan agreement here is the insanity of this business of awarding people their Ph.D.s and pushing them back on an airplane. And so that is one of the reasons I was proud to introduce, this session of Congress, H.R. 4623, the Keep STEM Talent Act of 2019, designed to--it is a rifle shot to just exactly solve this problem. And I really look forward to my colleagues' support on this. And now, I recognize the gentlewoman from Texas, Ms. Garcia, for 5 minutes. Ms. Garcia of Texas. Thank you, Mr. Chairman. And thank you again for holding this hearing. And thank you to all the witnesses. Good morning, and welcome. I wanted to focus on a couple of issues that some of you have already talked about. Like Ms. Adams, I am particularly concerned about jobs. My district is in Houston, and is 77 percent Latino. It is also working-class, so we are always concerned about jobs. I am encouraged that you all seem to have the consensus that, although there will be some job displacement, there will be new jobs created. My main concern, of course, is whether or not we do have the skill sets, Mr. McIlwain, to transfer those skills or to make sure that we can fill those jobs. Because, in the end, that is what really matters to families in my district. But I am also concerned with automation and the difference between AI and automation, and how it can work together, specifically in the area of regulatory compliance. Ms. Fender, in your experience, has AI and automation affected institutions' regulatory compliance? Is it improving? Is it still a work in progress? Or how are we doing? Ms. Fender. Thank you. That is a very good question. And, again, I think it is about--it is still kind of early to know. We hear so much about what is coming, and yet--so compliance areas are growing in firms clearly. And now we have more and more data, and regulators are going to be able to have the same sort of data. The question is, is there a greater risk, maybe, of insider information now? You collect more data, and people can see lots of different patterns out there. And if they see that and can trade on it before the market, then you have challenges for the SEC, I think, in terms of Reg FT and so forth. Ms. Garcia of Texas. Okay. Ms. Wegner, can that be used to simplify and ensure regulatory compliance with the Federal agencies in charge of supervising the capital markets. Ms. Wegner. Sure. I think, as the data sets become more complex, as you just alluded to, I think it is going to be vital that the regulators have the resources to have their own AI, either independently of the companies, or together with the companies through public-private partnerships as the bad actors become more sophisticated, and we are talking about global bad actors. We need a strong cop on the beat here in the U.S. And I think it is very important that the private sector work together with regulators to ensure that they have those resources, and that Congress really ensures that the SEC and the CFTC have the resources they need, because the systems are becoming much more complex and regtech is evolving, but needs to keep up with the pace of that technology. Ms. Garcia of Texas. I think that is a big concern of this committee, those bad actors, as you have described them. So how can AI assist us with anti-money-laundering compliance's suspicious activity reporting? Are we prepared for that? I know we did a codel to several countries. And things are getting more and more sophisticated, and it seems like the bad actors have more money and better things, to find ways to hide the money. Do we have what we need to detect it and to ensure that we can catch it? Ms. Wegner. It is vital that we focus on this. And I would say Haimera Workie, who is the new head of innovation at FINRA, has an excellent group. They just established themselves this year. They are a fantastic resource. They are working together with other regulators, with private sector participants to gather information about best practices, and to really make sure we have the best technology. This is 100 percent something we need to be focused on. Ms. Garcia of Texas. In your opinion, do you think that our regulators and our oversight entities are well-prepared in this arena, or what else should we be doing? Ms. Wegner. I think we need to be investing in technology. There is always room for more technology with the regulatory agencies. I think MIDAS at the SEC has been a very positive example of the SEC using very sophisticated technology to surveil the markets, but I think this is a constantly evolving space, as everyone here has noted. We have to just keep very much on our tiptoes on this, and keep on investing in this area. Ms. Garcia of Texas. Okay. Ms. Fender, did you want to add something? Ms. Fender. I think the more data we have, the more complex it gets, right? And one of the other things that we are really concerned about is the investor protection side too. If bad data goes into these models, they can be marketed in many different ways. And so, disclosures are really important. Understanding your clients, understanding where the money comes from, and understanding what clients are really getting all kind of goes together. Ms. Garcia of Texas. Thank you. Thank you, both of you. And I yield back. Chairman Foster. Thank you. The gentleman from Virginia, Mr. Riggleman, is recognized for 5 minutes. Mr. Riggleman. Thank you, Mr. Chairman. I want to thank all of the witnesses for being here today. I am so happy that all of you are here, so I am not showing any favoritism. I would particularly like to welcome Ms. Fender from the CFA Institute, which is located in my district in Charlottesville, Virginia. The CFA Institute provides a host of resources for professionals who work in the financial services industry, who are among the most qualified and adhere to the highest codes of standards in the financial industry. I am honored to have such a distinguished group reside in the Fifth District. Although Ms. Fender is not a constituent herself, her organization employs many of them, so I am thrilled to see you here today. Welcome, and welcome to all of you. I will start with you, Ms. Fender. You probably knew that was going to happen. Can you talk about how CFA is adapting the charter to these AI and machine-learning innovations in the investment industry? Ms. Fender. Thank you very much. And I'm pleased to be here representing Virginia. The CFA Institute is really the global standard for investment practitioners. The people who have our credential are the portfolio managers for your 401(k). They are the chief investment officers at the public pension funds. They are the people who are really safeguarding the financial futures of so many people. And so, it is imperative for us to keep up-to-date on what we teach. I mentioned earlier in my testimony that we just added machine learning into our curriculum. And this is a significant indication that we are seeing the market change. And we need to prepare people. We have a group called our practice analysis team. And they are out there all the time going to these conferences, figuring out what is the next thing that people need to know, because global demand for investment management is growing, and especially for those who really combine both competence and ethics. Mr. Riggleman. There really is a reason I asked that question. My prior job, and we talked about monopolization of the data and things of that nature. I wanted to monopolize as much data as I could for data interactions when looking at sort of critical infrastructure analysis when I worked for the Office of the Secretary of Defense. We had about 40 people looking at this, so we had to look at all data, multi domain across stovepipes, and see how that actually includes that data or to analyze or aggregate that data, consolidate it, aggregate it, analyze it, and then execute using that data based on how we templated human behavior. So looking at AI and ML rules, I guess that I will start with Ms. Rejsjo, I am going to ask a few of these, because this is the exciting part for me, is the technology part. When we did this, we had multiple data sets that people had never seen before. We talked about the challenges of data. We had multiple data sets. We had data we had never sort of aggregated, and combined with other data sets. So we thought we had the right answer, and we found out we didn't, in trying to template human behavior analysis. Do you think that is something you are going to see more of in the future, is that there won't be a human in the loop, and there will be more sort of human templating, or machine-learning rules to sort of mimic what human behavior does with certain rule sets? Do you think we are going to see more and more of that, taking humans out of the loop, looking at actually any type of analysis, or fraud, or anything of that nature? Ms. Rejsjo. I think that we are a long way from that. I think that for now, the way that we do it is really to have the data that we have. For us, it is really much more the order and trade data that we already have and that we analyze. Now, we are just applying a new technique to give us a better overview that is not that parameter-driven. But for us, still, I really think that the human in the loop is the way to go, because there is much more analysis that needs to be applied after the output has come. And I think that is going to be there for a while. Mr. Riggleman. It is interesting that you said that. We actually thought we could take the human out of the loop in some of our processes, and found out it was not a good idea, with some of the things that we did. I see some heads nodding back there. We tried to do that. Dr. Lopez de Prado, you were talking about, there could be some advantages to sort of aggregating as much data in one place as we can, right? And then looking in the gaps of that data. That is the thing I have been trying to wrap my arms around. My whole job was not competition. It was to monopolize all the data. And then to use competition to give us the best algorithmic solutions that we could first for first, second, and third order effects of what happened to a specific part of the network. This is a tough question, because to be this objective in 40 seconds is going to be probably ridiculous. But when you are looking at this, do you think--and I know this is a tough question--with all the proprietary technologies out there, do you think there will be a voluntary sharing of that data if we find something that is very good, across multiple sets? So, for example, another company, do you think we will have that type of sharing for proprietary solutions based on algorithmic types of analysis? Do you think that will ever happen? Or do we think we have to sort of force that to happen when we monopolize that kind of data, if that is makes sense. Mr. Lopez de Prado. Are you referring to sharing these technologies-- Mr. Riggleman. Yes. Mr. Lopez de Prado. In private and public companies? Mr. Riggleman. Yes. Mr. Lopez de Prado. When you look at the NASA model, actually, there has been a lot of transfer of IP between the agency and various contractors. So that could be a model that could work for the CFTC and the SEC. In particular, in my remarks I mentioned the crowdsourcing of investigations, how the companies or private participants could establish tournaments to help agencies identify market manipulators. Mr. Riggleman. Thank you very much. And I yield back the balance of my time. Chairman Foster. Thank you. The gentleman from Illinois, Mr. Casten, is recognized it for 5 minutes. Mr. Casten. Thank you, Mr. Chairman. And thank you all so much for being here today. Back in my prior life, I had a head of engineering who had a theory that I have yet to prove wrong. He said, every advance in technology gives us more precision and less knowledge. This was a guy who started with slide rules, where he had to know the order of magnitude of his answer. And now, he got 16 significant digits, and can never remember whether it was millions or billions. And, of course, in my lifetime, we have gone from foldable maps to GPS that can give me the exact latitude and longitude. And I can't tell you whether I am north, south, east, or west of where I started. AI has always struck me as sort of putting that acceleration on steroids. At one point, I built a genetic algorithm to predict the revenues of our utility business, and it was amazing. I cut our revenue forecast variance by 90 percent, and I have no idea how it worked. And that is the power and the frustration. I mention that because I think most of you have talked about the consumer benefit that comes when we get all these AI algorithms out in the markets, and we get lower trading costs, lower bid ask spreads. And that is all terrific. A lot of you have also talked about bad actors and we can put up monitoring for that and that is also great. The concern I have is this tension between the transparency of the model, and whether the model can actually effectively replicate a bad actor that we don't understand, because it is fairly easy for me to imagine the trading algorithm that is tracking a bunch of data and has figured out how to bet on one country invading another and making money. I can imagine a trading algorithm that is looking at changes in currency flows for illegal activity that is not in itself illegal, but is arbitraging some spread that results from that. So Ms. Wegner, I wonder if you would comment on that tension between transparency and algorithm robustness? And to what degree we have or need regulatory tools to stipulate where we sit on that continuum? Ms. Wegner. Sure. I think transparency is absolutely vital. I think it is also very vital that regulators and the exchanges have the resources that, if they note any sort of irregularity in the markets, they can immediately identify that. And to the question of whether or not one needs to get source code, if there is a detection of some sort of illegal or irregular activity, then the regulator requests-- Mr. Casten. But if I could just clarify, first, would you agree that the more transparent the algorithm, potentially the less powerful the algorithm? Ms. Wegner. I think to the extent that the algorithm is not subject to intellectual property rights, that transparency is absolutely vital. If we are talking about intellectual property rights in this source code of algorithm, that is proprietary information that if it was-- Mr. Casten. By transparency, I am not referring to whether or not the public has access to the algorithm. I am referring to whether or not our human brains can understand how the algorithm works. I could give you the genetic algorithm I wrote. You couldn't understand what it is doing. Ms. Wegner. Sure. That question becomes more complicated in the machine-learning context, especially. You point to an interesting question, as the commands become self-acting in a way, they are basing their analysis on the existing data sets. I don't think we are totally there yet, but I think that is something we definitely need to explore, what does our policy answer to, because that is an interesting balance. Mr. Casten. This question is for you, but really for all of the panelists. I think thinking about that problem before it gets there, because it strikes me that there will be pressure for every trading firm to develop the most powerful algorithms, which, by definition, at some level, are going to be the ones that we have the least ability to unpack and understand. Ms. Wegner. I think this is an important question that the industry should get together on and share their best practices, how do you balance that push for trade? Mr. Casten. For anybody who thinks they have a great answer in this, number one, how should we do that? And number two, to what degree do we need to coordinate internationally? Because even if we do everything in our country, since all of these markets are so interlinked, is this a U.S. problem, or is this an international problem? Does anybody have thoughts on that? Mr. Lopez de Prado. If I may, this is a very important distinction. Black boxes in finance tend to be less reliable than transparent solutions, particularly in finance, because we are dealing with problems where the signal-to-noise ratio is very low. Unlike, for instance, in astrophysics research, why is the signal-to-noise ration low in the finance world because of competition, because of arbitrage? Otherwise, everybody would be able to extract profits from the market. So because of that, when we deploy black box solutions in finance, the solutions can identify patterns that are not real, they are just balancing the noise and confound these patterns with these noise patterns with actual signal, leaving to investment studies that will fail. So one solution would be for in investor to understand very carefully when a product is based on a black box solution as opposed a transparent machine- learning solution. Mr. Casten. Thank you. I yield back. I would welcome any of your comments. If you have any follow-up in writing, please share. Chairman Foster. As I mentioned, we are likely to have another round for Members who are interested here. The gentleman from Missouri, Mr. Cleaver, who is also the Chair of our Subcommittee on National Security, International Development and Monetary Policy, is recognized for 5 minutes. Mr. Cleaver. Thank you, Mr. Chairman. And I really appreciate you calling this hearing and we appreciate all of you giving us your time. I don't know how we are going to deal with AI and human beings. Long before we had flip phones, Captain Kirk had one, and long before we had the smartwatches, Mr. Spock had one. And a lot of attention is always paid to Hollywood, particularly in science fiction, and the military, our own military. So a lot of people have their eyes on a fearful future, as it relates to AI. And to be straight, I am one of those, I am conflicted. I know we can't hold back the wind. It is inevitable that we are going to see more and more of this in the future. And I am not sure that we ought to try to hold it back. But to the degree that we can control it, that is what I think we ought to do. And that is where I am concentrating most of my answers. Dr. McIlwain, first of all, thank you for being here. But I am wondering how inclusive this new technology is right now, and what can we do to make sure that in the future, every component of our great mosaic in the United States is a part of it? Mr. McIlwain. Thank you for that question, and I share a little bit of your fear, because what we know persists as technology changes, as technological advances are made is that some people, and typically, the same groups of people, are left out, left behind, disadvantaged. And so, even as technology is unpredictable, some of those exclusions are very much predictable. I think those exclusions are present in our current market, as most of the folks in this panel have at least alluded and nodded to; that is, when we look at our technology sector, those who are prepared to be part of that sector, those who are currently working, building the technologies of today and tomorrow are tremendously unrepresentative of our full democracy of all the citizens of our country. And I think representation makes a tremendous difference. I think the place we are in today with respect to some of the inequalities and devastations that technologies, AI and automation included, have wreaked, because not everyone has been included in the decision-making about what technologies will be built, why, for what purposes, who they will advantage and disadvantage. So I think moving forward, we have to change that. That is, we have to invest strategically in building a more inclusive workforce in these sectors that are growing. That is the technology sector and the financial sector as well. Mr. Cleaver. What do you think we should do, or any of you do right now, if we--we have young people interested in and committed to the future, and AI is an inevitable part of it. What should they do next week? What should young people be doing? How should we direct young people right now, who are scientifically gifted? What should we do? Ms. Wegner. I think we need to promote responsible innovation. I know our members support trying to get out there to the middle school students geographically across the country, a diverse population of people, and get them interested in STEM fields. I think there is a lot of opportunity for companies to partner with some of the public schools in a geographically diverse part of the country and help fund that, and just recruit now. Kids get interested in these fields from a young age. And we just have to get in there early and make sure that people see role models at the firms that we promote those public-private partnerships. Mr. Cleaver. My time is up, so thank you very much. Thank you, Mr. Chairman. Chairman Foster. Thank you. And, I guess, we have time for a brief second round of questions here. We have had sort of two different narratives that have been going on here. One is the, sort of, optimistic narrative of the--well, I guess the T-shaped skills or machine intelligence, human intelligence paring, albeit second, augmented human intelligence. And then we also have the sort of intermediate way of transfer learning, where you would actually use one field of expertise and transfer what was learned there to another field thereby replacing multiple machine parings. An example of that was the example from the geniuses at Goldman who were analyzing satellite imagery of quarry activities to predict cement pricing, and so on in the future; and then, potentially, using transfer learning so that knowledge could be transferred to copper mining or whatever else it was. On the other hand, there is an alternative narrative that you just aggregate all the data you can, and just say, I want a general purpose, learning, trading algorithm to look at all satellite data and look for all market correlations. And that would detect not only the cement market, it would look at the parking lots of Toys R Us to predict that Toys R Us was going bankrupt because they didn't have many cars on Black Friday. And so this sort of thing could be written once and deployed to replace tens of thousands of machine-human pairings on here, and, obviously, with much, much smaller labor input and need for humans. So which of the two narratives is going to end up winning, and how is it going to net out for human participation in this? Anyone who wants to tackle that tar baby? Ms. Fender. I can start, and just say that one of the foundational concepts in investing is that correlation is not necessarily causation. And so, we have a lot of data and we can see these patterns, but you need a human to ask, what is the right question? I mention also the example of going through the news stories with Bloomberg. And they said, the key question there was to go through the news article and not say, what do we think the author of this article wanted to get across, but what do we think people are hearing? So there are a lot of nuances really about how this is going to play out. And that is why, again, having sort of the collective intelligence and diverse perspectives is going to be important. Chairman Foster. Dr. Lopez de Prado? Mr. Lopez de Prado. Yes. I think that the two narratives have some part of truth. I think in the short term, we have reasons to be worried in terms of the transfer of knowledge, and the potential displacement that will occur as these technologies are more broadly deployed. But I think in the long term, we have reasons to be optimistic, because the next generation would be better prepared than our generation, or previous generations. It is very important that we give equal access to education. It is very important that we encourage kids to learn how to program, participate in math and engineering classes, and that we form the flexible workforce, a workforce that in the future, we don't know what these technologies will do in 20 years, that they are able to engage proactively. Chairman Foster. Is there a danger that this is going to squeeze all profitability out of financial services? That if you had complete knowledge of everything, and very efficient algorithms immediately trading on that knowledge, the 30 percent improvement in your retirement savings, all of that money used to end up in the pockets of people with nice homes in Oyster Bay, and that is sort of the nature of things. And it may be that when we get this much more efficient economy with extensive deployment of AI, just the total amount of money left to be extracted will continue to go down the same way high- frequency trading is sort of suffering that decline in margins. Mr. Lopez de Prado. One view, if I may, is that, in fact, having such a perfect market is not necessarily bad for society, meaning that the day that we go to our financial adviser and we receive the same treatment that we receive when we go to the doctor essentially, there is a product goal of, this is what you need to invest to achieve your retirement goals. I think that is a good outcome. Ms. Wegner. And as we see greater efficiencies, global advisors and other more efficient, I would say, asset managers, we will be able to deploy that efficiency to the masses. But I think it also raises a global competition question, because we are not just talking about competition domestically, we are talking about internationally, and we are not going to stop time all across the world, right? Other countries are innovating in AI. So it is inevitable we are going to be competing in that space and we want to keep the U.S. markets the envy of the world, I think. Chairman Foster. So if the future of financial advising is conversations with Alexa, I guess it comes down to, is the objective that a function that the AI running Alexa is maximizing, is that Amazon's profit? Or is it some linear combination of Amazon's profit and diversity inclusion, a secure retirement rather than steering people into products that are profitable for Amazon? Ms. Wegner. Right. I think the vital part here is, as you mentioned, we have competition, that there is not too much aggregation of power in one entity. We need to have policies that promote robust competition amongst, let's say, the robo advisors that make sure that data is accessible at competitive prices, so there is not a barrier to entry. This is going to be, I think, an exciting space where a Financial Services Committee meets a Judiciary Committee on antitrust issues, and meets a Commerce Committee. Finance is becoming more technology, and technology is becoming more finance. So, those are the right questions. Chairman Foster. Thank you. And I will yield 5 minutes to the ranking member. Mr. Loudermilk. Thank you, Mr. Chairman. Ms. Rejsjo, I would like to go back and kind of continue our conversation that we were talking about, cybersecurity, and using AI, and fraud. And I wasn't managing that time very well before, so could you explain further how Nasdaq is using AI in fraud detection? Ms. Rejsjo. Yes, I think it is important, just to start, that--I mean, the future is here, right? We have billions of data points. It is a massive amount of data that needs to be analyzed to capture anything that is fraudulent or manipulative in the market. So, we have that environment already. And what we have been doing so far is deploying algorithmic coding to sort of be able to process all of this data very fast. Our real-time surveillance is picking up on unusual behavior within seconds after it has happened in the market. So there is, really, a fast and efficient way to go through the data, but as it is growing and exponentially growing, there is the need, of course, to continue to invest in other ways of looking at it, where AI then comes in. It is a broader approach, and it doesn't have to be those parameters specific that we are today, so we can capture more things that are more sophisticated. Because as we have been talking about, it is not only us using this technique, the participants in the market are using it as well. So I think it is important for us to match their technology with our technology, when we are look at the types in the market with the behavior. Mr. Loudermilk. Thank you. Dr. Lopez de Prado, can you touch on the differences between automated trading, algorithmic trading, high frequency trading, and computer trading, how they are not all the same and what differentiates each of those? Mr. Lopez de Prado. Yes. Algorithmic trading consists of following some rules. A computer follows some rules in order to achieve a particular outcome. It does not require machine learning. Machine learning is the learning of patterns from a set of data with us directing that learning. Essentially, what happens is, you give to an algorithm a data set, and the data set identifies the pattern we were not aware of. So, that is machine learning. What was the third one? Mr. Loudermilk. The automated trading and high frequency. Mr. Lopez de Prado. Yes. Well, high frequency trading is algorithmic trading at a fast speed. It can happen with or without machine learning, so in the earliest stages, 2005, the high frequency trading or core without intelligence. Today, what we see is liquidity providers, market majors, hedge funds, deploy high frequency solutions with machine learning embedded. Mr. Loudermilk. Thank you. Ms. Wegner, we have had some discussion on the cost savings that have resulted from AI and automation in the capital markets. Do you see that these efficiencies are a significant reason behind the record returns investors have enjoyed in the last decade? Ms. Wegner. This has definitely contributed to the returns, every reduced incremental cost of trading adds up with compounding interest over time. So as the markets become more efficient, investors are going to have more in their pocketbooks, whether half of America invested in a 529 plan or otherwise for the net positive. Mr. Loudermilk. Okay. Thank you. I have no further questions, Mr. Chairman. I yield back. Chairman Foster. Thank you. The gentleman from Missouri is recognized for 5 minutes. Mr. Cleaver. Thank you, Mr. Chairman. I am interested in, how do we do planning now for the future? For example, we just updated our anti-money-laundering deal, or the Bank Secrecy Act. And I am sitting here now, and I introduced the bill, so I have been feeling pretty good about myself until you guys came up today. And I am thinking, why did we go through all of that? Because the bad guys are out there trying to figure out how they can exploit whatever we pass legislatively. How do you see an AI involved in anti-money- laundering efforts, like the legislation that we hope the Senate will take up during our lifetime? Is there any way you think that can play a role, that AI can play a role in our money laundering bills or how we are trying to reduce it? We know we are probably never going to eliminate it. Mr. Lopez de Prado. This is a gargantuan problem. We have to tackle tremendous amounts of data, terabytes of data, and identify this needle in the haystack. I think a practical solution is for regulators to work together with data scientists, with the entire community, and crowdsource these problems. We need to anonymize this data, and give this data to the community so that the community help us enforce the law. Of course, they could be rewarded with part of the fines levied against wrongdoers, but I think that is a very doable approach, given: number one, how difficult it would be for the agencies to develop the kind of techniques that the wrongdoers are developing for bad purposes; and number two, the amounts of data that we need to parse through. Mr. Cleaver. We had the Treasury Secretary before our committee yesterday. I, of course, didn't even raise this issue. We have an agency, FinCEN, which is an investigatory part of Department of the Treasury. So, I am here wondering what they are doing to try to keep up with the technology, and what challenges they are going to face in the future. And you all have destroyed almost everything I was proud of, but we appreciate you coming here anyway. Thank you very much. I yield back, Mr. Chairman. Chairman Foster. Thank you. I would like to thank our witnesses for their testimony today. The Chair notes that some Members may have additional questions for this panel, which they may wish to submit in writing. Without objection, the hearing record will remain open for 5 legislative days for Members to submit written questions to these witnesses and to place their responses in the record. Also, without objection, Members will have 5 legislative days to submit extraneous materials to the Chair for inclusion in the record. This hearing is now adjourned. [Whereupon, at 11:05 a.m., the hearing was adjourned.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]