When Republicans in the House crafted their Big Beautiful Bill, they included a ban on AI regulation at the state level for 10 years. This is a classic case of “The worst person you know just made a good point.” I agree with having this type of regulation focused at the federal level, but there’s a little more to it.
Here’s the situation: A 10-year ban on state regulation of AI can be a positive thing, but make no mistake, Republicans put it there for the wrong reasons, with no intention of truly addressing the issue at hand. Instead, it's a hand-out to big tech!
Let's break this down. Why did Republicans include an AI regulation ban in their bill? The simple answer: Lobbying. AI (and other tech companies) do not want to be regulated. They want to move fast and brake things. The people behind these companies see themselves as philosopher kings whose ultimate goal of solving society’s problems warrants any harm that people endure.
One way to avoid regulation is to limit the number of entities that have jurisdiction. By having a federally imposed ban on any state-level regulation, big tech has reduced the lanscape of potential regulating entities from 51 (or more), to a single body on which they can focus their lobbying efforts to remain unregulated: The Congress. This will ensure that the body that has failed to exert any meaningful control over tech companies for the past 25 years will continue their ineffectual oversight. It will be business as usual in Silicon Valley as tech companies are given free rein with the tacit promise they will police themselves, which they have always failed to do. By the time that 10-year ban expires, it will be too late. The train will have fully left the station and no state-level action will be able to reasonably impede it.
So why do I think this is a good thing? Well, not so fast! The situation described above is terrible, and we can only hope that this bill is torpedoed (for this, and all the other terrible things like causing millions to lose health coverage, or that none of them actually read it). What I do believe, however, is that having state or municipal-level regulation of AI or any emerging technology will create a minefield of rules and restrictions that will create more problems than it can reasonably solve, stifling innovation in a burgeoning field. Creating a tapestry of 51 or more sets of laws will create confusion around artificial intelligence both for companies developing the technology and consumers using it.
Ultimately, what we need is a central regulatory body, i.e. the Congress, that is able to set clear and meaningful rules around AI that allow for its continued development, and protect the rights, privacy, and access for all citizens. This requires a Congress that understands and is fully engaged with Artificial Intelligence (and cryptocurrencies, and self-driving cars, and innovations in healthcare, etc. etc. etc.), but sadly that’s not what exists today. Let’s do the work of having a competent Congress that is ready to address the challenges of today and those ahead!
--Karl