The United States’ approach to AI regulation

21 Jul 2023 02:15 PM

Executive Summary

• On June 21, Senate majority leader Chuck Schumer (a Democrat from New York) announced his plan for AI policymaking at a speech at the Centre for Strategic & International Studies in Washington D.C. He called for Congress to introduce new laws and proposed a framework for AI governance which strikes a balance between regulation and innovation. 
• However, it is important to note that the US are not starting from scratch in regard to AI policy, and that many principles could fall under existing law. The FTC, the Department for Commerce and the US Copyright Office have been issuing guidelines about generative AI in particular. 
• One key question for AI regulation in the US will be what happens with Section 230. Section 230 is a law from the 1990s in the US which shields companies from being sued for content they have on their platforms. The Supreme Court and Congress have been talking about potentially reforming section 230 so it could have a huge impact on Generative AI. 
• However, there is no timeline on an AI framework in the US at the moment, but there is a tremendous amount of attention and a will to move at pace. 

The Regulatory Framework 

Senate Majority Leader Chuck Schumer has proposed a legislative framework for regulating artificial intelligence (AI) in the United States – SAFE innovation framework. His proposed legislation would address concerns related to transparency, accountability, bias, discrimination, and privacy; 

• Explainability: Schumer emphasizes the importance of AI systems being explainable. He believes that humans should be able to understand the decision-making processes of AI algorithms to ensure fairness and prevent potential harm. However, explainability can be in conflict with other goals that stakeholders might set around AI regulation, such as protecting people’s privacy or the right to have information removed from the Internet. Schumer proposes to Safeguard our national security with AI and determine how adversaries use it, and ensure economic security for workers by mitigating and responding to job loss. 
• Proactive Approach: Schumer's initiative is a proactive effort to get ahead of AI development and its potential impact on various sectors. He seeks to strike a balance between promoting AI innovation and addressing potential risks and unintended consequences. 
• Sector Impact: The proposed legislation would have implications for a wide range of sectors, including healthcare, finance, transportation, and national security. It aims to ensure that AI technologies are used responsibly and in compliance with ethical standards. 
• Global Competitiveness: Schumer argues that establishing robust AI regulations is crucial to maintaining the United States' global competitiveness in AI technology. He emphasizes the need to lead in AI development while safeguarding against potential risks. ‘Our goal is to come up with an American proposal,’ said Schumer, who described the U.S. as ‘the largest economy in the world, innovative leader in the world, the intellectual leader in the world.’ He added that most other countries would prefer to see one system to regulate AI, and that AI needed to be aligned on democratic values. 
• Security: Schumer aims to safeguard national security with AI and determine how adversaries use it, and ensure economic security for workers by mitigating and responding to job loss. 

Support and Opposition: Schumer's plan has gained attention and support from various stakeholders, including industry experts and advocacy groups. They appreciate the focus on AI regulation and the proactive approach. However, opposition or scepticism from some quarters also exists, with concerns raised about the potential stifling of innovation, challenges in implementing and enforcing regulations effectively (adoption), difficulty with more complex systems, concerns over industries influence in US AI regulation. Schumer's remarks were restrained in calling for any specific proposal. 

Meetings: Schumer also announced plans to convene a series of “AI Insight Forums” starting this fall. The meetings would task top AI experts with briefing Congress on topics as varied as workforce, national security, privacy, explainability and even ‘doomsday scenarios’. 

Media Coverage: Schumer's efforts have garnered significant media coverage, with articles appearing in Time, The Washington Post, CNN, The New York Times, and POLITICO.

Sources 

• https://time.com/6289953/schumer-ai-regulation-explainability/ 
• https://www.washingtonpost.com/technology/2023/06/21/ai-regulation-us-senate-chuck-schumer/ 
• https://edition.cnn.com/2023/06/21/tech/schumer-ai-plan/index.html 
• https://www.nytimes.com/2023/06/21/us/ai-regulation-schumer-congress.html 
• https://www.politico.com/news/2023/06/21/schumer-launches-new-phase-in-push-for-ai-bill-00102871 
• https://www.csis.org/analysis/sen-chuck-schumer-launches-safe-innovation-ai-age-csis 
• https://www.democrats.senate.gov/imo/media/doc/schumer_ai_framework.pdf

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