The Current State of AI Regulation
Life is moving at the speed of AI. And government is trying to keep up.
While there have been several key actions recently including an Executive Order from the White House, a series of bipartisan bills in Congress, and 89 AI-related bills introduced in state houses in 2024 alone, there is a “long way to go in understanding, coordination and constructive policymaking across the board” according to our sister agency in the Orchestra network, Glen Echo Group.
However, as Glen Echo Group CEO Maura Corbett, said in Tech Policy Press, the way we talk about AI might be the root of the disconnect.
“We are not starting from scratch. We already have existing legal authority and regulations to address the most immediate AI challenges while we figure out the more complex longer-term governance and regulatory models. We can walk and chew gum at the same time.” - Corbett
Recently Glen Echo Group dove deep into the current state of AI regulation.
Here are some takeaways:
Competition regulators are keeping watch.
The biggest players in tech, Amazon, Anthropic, Google, Microsoft, and OpenAI are currently under investigation by the FTC for investments in other AI companies. FTC chair Lina M. Khan made it clear they will enforce the law “to combat unfair or deceptive practices or unfair methods of competition.”
Government and AI disruptors are trying to work together.
The Senate’s AI Insights Forum was put together last year to help senators learn and prepare for AI legislation. AI companies want decision-makers to know that they care about the safety of their products, making voluntary commitments and joining government-led groups like the Consortium formed to support the U.S. AI Safety Institute (USAISI) with research and expertise.
There are roadblocks.
Technology looks forward and law looks back. When the government rushes to create a patchwork of laws to regulate new technologies like AI, it inevitably leads to unintended consequences. Because AI is moving so fast, those consequences can compromise critical issues like privacy, security and speech.
The American Data Protection and Privacy Act (ADPPA) was proposed two years ago, which is a lifetime in the tech space, but it is only a bill, not a law. Policymakers need to focus on the fundamentals, like passing a proactive, federal privacy law, rather than give in to the hype.
Looking ahead.
The Senate’s bipartisan AI working group is planning to issue a report on legislation that may or may not address a larger national standard for AI. Meanwhile, Europe is again ahead in the regulatory area, approving the world’s first major set of regulations in attempts to govern AI. Will the U.S. follow suit? President Biden’s Executive Order is a start.
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