Writing · Policy · December 2023 · first published on jd-shapiro.com
Navigating the AI Frontier: Congress's Crucial Role
As the 21st century unfolds, artificial intelligence (AI) emerges as a transformative force, reshaping industries and societal norms. Yet, this surge in AI raises pressing questions about its regulation and oversight. While some advocate a hands-off approach, the stakes are too high for unchecked AI. And here's where Congress has a critical role to play.
Debates continue on the intricacies of AI-specific laws, there are important steps that Congress can and should take now. First, equip and empower regulators for effective oversight. Second, updating laws to reflect the advancement of AI. Third, educate the public on AI safety and responsibility.
A Diverse AI Landscape Needs Regulatory Oversight
The diverse applications of AI, from healthcare diagnostics to financial forecasting, means that no single regulatory body can oversee all AI implementations effectively. Many different regulators, each with unique mandates and expertise, grapple with AI's challenges in their domains. For instance, the Food and Drug Administration (FDA) oversees AI in medical devices, while the Securities and Exchange Commission (SEC) will grapple with AI's role in investment and trading.
As it stands, each of these agencies are vetting AI rules and products within their own jurisdiction with very few unifying principles, like standards for data privacy or risk.
President Biden’s October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, seeks to do just that by “advancing a coordinated, Federal Government-wide approach” to harness AI for good.
This document outlines principles for protecting privacy, adhering to equity and civil rights, and supporting federal agencies procurement of AI tools.
Similarly, Lina Kahn, Chair of the Federal Trade Commission (FTC), has stated that there is no regulatory exception for AI, and the agency will monitor harmful use of the systems. All other regulatory agencies need to take up this mantle and develop clear rules for AI in their sectors.
However, there are three challenges with the current approach.
First, regulatory bodies, designed for pre-AI eras, often lack the expertise, tools, and resources to effectively regulate the new challenges posed by AI.
Second, already we’ve seen that AI deployed in critical sectors, such as health and justice, are unfair and perpetuate bias. While there are currently no solutions to make algorithms completely fair, it is essential that regulators are empowered to set safe rules for AI use in their jurisdiction. But without the necessary coordination and resources, they're fighting an uphill battle.
Finally, those resources to establish long-lasting coordination can only come from Congress. While an Executive Order represents a powerful mandate, it can be easily overturned by future Presidents who disagree with the document. Congress is needed to appropriate the necessary resources and establish legally enforceable rules around AI.
Congress has a role to play
Congress must focus on empowering regulators, setting standards, and educating the public on the beneficial use of AI.
Congress must focus on empowering regulators, setting standards, and educating the public on the beneficial use of AI. Funding should be increased for regulatory agencies to address AI challenges, allowing them to hire experts, invest in technological tools, and conduct research.
Beyond funding, Congress should empower regulators with clearer mandates regarding AI oversight. Questions about defining bias in AI systems, personal data privacy rights, and companies' data handling rules need answers.
The National Institute of Standards (NIST), is taking the mantle of these questions. Through a multi-stakeholder consortium, and inter-agency collaboration, NIST is giving America a seat at the table in defining standards for AI safety. However, neither NIST’s work or the Executive Order facilitate legally binding rules for the public or private sector’s use of AI.
Similarly, but more challengingly, Congress may need to update older legislation to reflect the new realities of AI.
Just as Congress enacted the Financial Services Modernization Act in 1999 which established data privacy protections in finance and allocates funding for increased telehealth in the annual budget, it can similarly address AI. While data privacy and telehealth are now common, they were once novel ideas that required legislative action from Congress.
Lastly, Congress can promote public engagement and education initiatives related to AI. An informed public plays a crucial role in guiding regulators by directing their attention toward the most significant sources of harm. It also helps in creating informed discussions and policy discussions while also ensuring that AI development aligns with public values and expectations.
Regulation: A Balancing Act
Calling for Congress to step up isn't a call for over-regulation. The U.S. thrives on innovation, and its tech sector is a testament to entrepreneurship unhindered by bureaucratic red tape. However, AI presents challenges that, if unchecked, could have societal repercussions.
By providing regulators with the resources they need, Congress isn't stifling innovation. It's about ensuring that as AI blazes new trails, it aligns with pre-established rules and values.
Looking Ahead: A Proactive Stance
The rapid evolution of AI means that a reactive stance is insufficient. By the time legislation catches current challenges with AI, the industry might have already moved on; the rapid rise of generative AI has demonstrated the challenges of legislating past iterations of AI.
The Executive Branch and NIST are standing up to define rules for safe use of AI, but neither entity is sufficient to realize that mission.
Congress’s role in this landscape, is not to micromanage AI's every move but by ensuring that those tasked with its oversight have everything they need to do their jobs effectively.
The future of AI in America can be bright, innovative, and ethically grounded. By equipping, empowering, and educating regulators, Congress can ensure it's a future we can all look forward to.
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