Policymakers must navigate a delicate balance when considering legislation that will impact artificial intelligence (AI) tools: mitigating AI risks with narrowly-targeted rules while ensuring the U.S. remains a global leader in innovation. These concepts are in fundamental tension, as Rep. Jay Obernolte (R-CA), Chairman of the House AI Task Force, said at a press conference late last month on the release of the Task Force’s final report.
While their report reflects this tension, the findings and recommendations show the Task Force truly did their homework. The report is far from a comprehensive blueprint to address AI. It has many strengths and a few gaps. But as Rep. Obernolte appropriately acknowledged, “[I]t would be foolish to assume that we know enough about AI to pass one big bill next month and be done with the job of AI regulation.” This humility stands in stark contrast to hubris exhibited by other governments around the world and would ensure America continues to lead the world in AI development, if embraced.
An Incremental, Sectoral Approach to Regulation
Rep. Obernolte and other task force members emphasized the need to make incremental rules around specific, real outcomes—not sci-fi fantasies—instead of the tools themselves. They recognize that many of the potential harms that can be caused using AI, such as cyber theft, are already illegal, and therefore new laws addressing these issues are unnecessary. The better approach is to ensure law enforcement and regulatory agencies have the resources required to adapt.
Unlike some international regulatory behemoths that propose complex regimes, the U.S. has traditionally succeeded with a light-touch approach to tech regulation. The Task Force’s report notes that this approach ensures flexibility and context, enabling regulators like the FDA to approve AI-powered products efficiently.
A novel AI agency, as proposed by some policymakers, risks wiping out innovation in AI through a bureaucratic nightmare. The Task Force unequivocally rejected this approach. Instead, the Task Force notes that it’s easier to provide existing agencies like the FDA or NIST with the resources and knowledge to narrowly address where AI overlaps their sectors versus building a new agency with expertise on AI and the myriad of sectors where such tools will be utilized.
AI’s Transformative Power
AI’s potential to enhance productivity is unparalleled, making it a critical tool for addressing national and global challenges. From countering cybersecurity threats to improving healthcare access in underserved communities, AI offers transformative solutions. During the press conference on the report, Rep. Neil Dunn, M.D. (R-FL) highlighted healthcare as one of the first and best use cases for AI, while Rep. Sara Jacobs (D-CA) underscored its role in tackling poverty and improving equity in the global south.
AI and National Security
AI’s role in national security also cannot be overstated. The Task Force notes its already critical applications in countering foreign adversaries’ cybersecurity threats and much more. Investments in data centers, energy abundance and empowering small and big businesses alike to combat fraud from bad actors misusing AI tools are pivotal to ensuring American dominance in the AI development race.
The next 100 years will be defined by whether the U.S., China or elsewhere leads in AI.
AI and Privacy
AI is fueled by data, presenting obvious concerns and tradeoffs around privacy. The Task Force report does a good job laying out gaps and tensions in existing law around data privacy, but stops short of making recommendations one way or another about how to properly balance state laws, a potential federal standard and how extensively a federal standard should preempt various state laws.
Despite the lack of decisive recommendations in this space, the Task Force’s recommendations do emphasize the need to balance privacy regulations to promote innovation with broad, flexible and technology-neutral approaches.
AI and Energy
AI is driving a growth in electricity demand that the United States hasn’t experienced in decades and thus presents new challenges. While the Task Force report acknowledges these challenges, it emphasizes that AI can be an aid in this area as well: “AI will play a role in optimizing power plant design, operation and maintenance, grid reliability, and grid utilization. AI and machine learning are being progressively deployed across the energy sector to optimize energy supply and management.”
The report goes on to recommend that data centers, which power AI through processing and storage servers, bear the cost of any new energy infrastructure they require. Fortunately, this is a policy recommendation that the private sector is already implementing.
Global Leadership in AI
Finally, the report underscores the stakes of the AI race. The next 100 years will be defined by whether the U.S., China or elsewhere leads in AI. To secure this leadership, America must invest more in STEM education, attract top global talent and prioritize abundant AI development.
Conclusion
Overall, the AI Task Force report charts a path for American AI innovation, grounded in our strengths: permissionless innovation, workforce development and global leadership. By fostering collaboration between government, industry and academia, the U.S. can harness AI’s transformative potential while safeguarding against real, demonstrable harms by bad actors abusing these critical tools. The road ahead is challenging, but with a balanced, incremental and sectoral approach, America can lead the world into an AI-powered future.