The rise of AI: When will Congress regulate it?
It is said that predicting the future is not magic. It really is artificial intelligence.
If so, maybe we should ask AI when Congress might pass a bill to regulate the emerging technology — before it spirals out of control.
There is pressure from Congressional leaders to pass a bill regulating AI when lawmakers return to Washington after the election. But the path to transition — and to consensus on the establishment of AI surveillance centers — is uncertain.
Senate Majority Leader Chuck Schumer, DN.Y., promised legislative action on AI last year.
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“It won’t be days or weeks. But it also shouldn’t be years. It will be in the normal range of months,” Schumer said.
The New York Democrat convened several AI forums on Capitol Hill to educate senators about the prospects — and dangers — of AI. Schumer brought in tech titans and inventors from Elon Musk to Mark Zuckerberg to Sam Altman, founder of OpenAI.
“This is kind of important, urgent and in some ways unprecedented and I think we need the government to take the lead,” Altman said at the time.
Congress has a mixed record of establishing standards and best practices for new technologies.
Samuel Morse – inventor of the Morse Code and developer of the telegraph – brought his new program to Washington to demonstrate to the federal government. He stretched a wire between two chambers of the Capitol in the 1840s, showing how signals and messages were sent down the line. Morse then installed a telegraph line from Washington to Baltimore in 1844 to secretly demonstrate the technology to Washington power brokers. Morse delivered the words “What God Has Done” from the Supreme Court inside the Capitol. But the federal government didn’t buy it. And that’s why there’s always been more privacy control of communications in the US compared to other nations.
Again that that’s exactly what Congress “did.”
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Congress intervened in the 1920s and 1930s with this new thing called “radio.” There were no limits to power, water or footwork. The signals of various broadcasters were everywhere. The broadcasters appealed to Congress to regulate them by law. That marked the official beginning of telecommunications policy.
However, lawmakers did not fare well in the 1990s arguing over the Internet, formerly known as the “information superhighway.” There have been concerns about the First Amendment and restrictive innovation. Congress passed the Telecommunications Act of 1996 – a landmark piece of legislation. But some lawmakers may wish to treat that law a little differently today in light of the current state of the digital ether.
“We know there’s tremendous potential in this. But there’s also some risk,” said House Speaker Mike Johnson, R-La.
Johnson and other Conservatives feel that big government is squandering the power of AI.
“We want to resist over-regulation. The innovation aspect of AI is very important,” Johnson said. “I believe in Reagan’s principle that small government is the solution. Government is the problem itself. So we want to be careful.”
Johnson and others believe the European Union went too far earlier this year when it approved the AI bill — the first comprehensive AI legal framework anywhere in the world. EU legislation creates four areas of risk in the use of AI. The ban under EU law is “unacceptable risk.” This is where AI exploits someone’s vulnerability due to race, disability or social status. There are concerns that AI can read biometric data to classify people. As a result, the EU can deceive people with subtle strategies. That may lead them to reach dangerous conclusions or take dangerous actions – thanks to interactions with AI.
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The EU also wants consistency between AI systems entering the market. This will, in effect, create a “level playing field” for AI users.
Rep. Don Beyer, D-Va., is studying for a master’s degree in AI at George Mason University. He suggests that it’s not just free-market conservatives like Johnson who want to limit the government’s role in AI.
“None of us want to imitate the AI action of the European Union, which we see as too controlling. It is very important. We want to have enough light touch so that America is still the main place of innovation, imagination and creativity,” said Beyer.
But Beyer offers a note of caution.
“Some rules will be necessary because there will be bad actors,” said Beyer.
Regarding the speed of legislation? Beyer says he’s not worried.
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“It’s much faster than we’ve been able to respond to on social media, for example. We’ve done very little. One of the things that’s pending is a big privacy bill. We’ve never had a real Privacy Act in American history,” Beyer said.
House installed an AI team last year. Rep. Jay Obernolte, R-Calif., is one of the co-sponsors. He says that humans should not be afraid of AI.
“Unfortunately, AI is a topic that has been valued for 50 years of science fiction and pop culture. So, if you ask the average American how big AI can be, they will give you something from the Terminator movie where an army of evil robots rises up it will take over the world, that is not our concern,” said Obernolte.
But what worries Obernolte is the potential for AI to spread lies, breach your data privacy and conduct malicious financial transactions without your knowledge.
“These are all the things that keep us up at night. That combined has about the same effect as an army of bad robots,” Obernolte admits.
But can Congress act before AI does?
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“Under Republican control this term in Congress, we’ve just had trouble keeping the lights on,” lamented Rep. Ted Lieu, D-Calif., co-chairman of the AI group.
A report will appear on the AI team later this year.
What might it say? What legal solutions can lawmakers provide? Can Congress pass the bill? Will the outcome of the election affect these opportunities?
It is not clear.
But maybe ask the AI.
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