What could AI regulation in the US look like?

“The regulation of artificial intelligence (AI) in the United States has been a topic of growing concern and discussion in recent years. As AI technology continues to advance and become more integrated into various aspects of society, policymakers and lawmakers have recognized the need for a regulatory framework to address its potential risks and ensure responsible development and deployment.

“At present, the regulation of AI in the United States is still in its early stages, and there is no comprehensive federal legislation dedicated solely to AI regulation. However, there are existing laws and regulations that touch upon certain aspects of AI, such as privacy, security and anti-discrimination. Additionally, various federal agencies have been actively engaged in exploring AI policy and issuing guidelines.”

Plenty of other people have done this, including a United States senator during a recent committee hearing examining this very topic, but what I just said was written by ChatGPT.

The large language model released by OpenAI is one of several such tools that have revolutionized the legal industry in a short amount of time, igniting debates about whether AI has to be regulated—and by whom.

The European Union recently took the first step toward passing the AI Act, whereby regulation would increase in proportion with the potential threat to privacy and safety that an AI system poses. China has also drafted rules to regulate AI.

In the United States, however, there has been very little movement toward establishing a regulatory framework at the federal level. Why is that? Does the United States run the risk of letting others set the agenda the way that it did for data protection?

In this episode of the Legal Rebels Podcast, Duane Pozza talks with the ABA Journal’s Victor Li about potential AI regulation in the United States. A partner at Wiley Rein, Pozza advises clients facing complex legal and regulatory issues and regularly represents clients before the Federal Trade Commission and the Consumer Financial Protection Bureau.

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In This Podcast:

Duane Pozza

Duane Pozza is a partner at Wiley Rein in Washington, D.C. He helps clients navigate complex legal and regulatory matters involving privacy, consumer protection and data governance with a focus on regulation involving emerging technology including artificial intelligence. He represents clients before the Federal Trade Commission and the Consumer Financial Protection Bureau and has particular expertise with clients working in financial technology, payments, AI and digital assets. Prior to joining Wiley Rein, Pozza was an assistant director in the division of financial practices at the FTC. Pozza has been named a “Top Lawyer for Fintech” by Business Insider (2021).