Congress Must Exercise Caution in AI Regulation

Artificial intelligence technologies (AI) are all the rage in Washington D.C. these days. Policymakers are hearing stories of utopian opportunities and certain doom from technologists, CEOs, and public interest groups and trying to figure out when and how Congress should intervene.

Congress should be paying attention to AI technologies. Many are tools with extraordinary potential. They can help users distill large volumes of information, manage numerous tasks more efficiently, and change how we work – for good and for ill, depending on where you sit. Influential corporate and government actors recognize the ability of AI to redistribute power in ways they can’t control, which is one reason so many are seeking Congressional intervention now.

But Congress should regulate with extreme caution, if at all, and focus on use of the tools rather than the tools themselves. If policymakers are worried about privacy, they should pass a strong privacy law. If they are worried about law enforcement abuse of face recognition, they should restrict that use. And so on. Above all, they must reject the binary thinking that AI technologies are going to lead to either C-3PO or the Terminator.

Unfortunately, policymakers seem more inclined to move fast and break things.

AI Technologies Should Not Be Regulated by a Commission

At recent hearings, several Members of Congress proposed creating an independent government commission with extraordinary powers over AI technology, including the ability to license AI technology development.

This is a bad idea. Historically agencies like these are created when an industry has reached a center level of maturity and is an essential part of our society and economy. For example, independent commissions oversee telecommunications, medicine, energy, and financial securities. AI technologies are in early stages of development and are integrated in many industries. As a practical matter, it’s hard to imagine how a single agency could operate effectively.

What is worse, forcing developers to get permission from regulators is likely to lead to stagnation and capture. An army of lobbyists and access to legislators through campaign contributions and revolving doors will ensure that such an agency will favor only the most well-connected co

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