Congress is unlikely to pass any legislation regarding artificial intelligence (AI) this election year although there have been multiple hearings and executive orders on AI development and use. The current lull in legislation is seen as a blessing as it allows for a more thorough debate on the primary risks associated with AI. Concerns about AI abuse by scammers and the private sector remain prevalent, but the main focus should be on potential government-generated harm. The federal government has been expanding its use of AI across various agencies, which raises concerns about overreach and potential misuse.
The House Committee on Oversight and Accountability’s Subcommittee on Cybersecurity, Information Technology, and Government Innovation held a hearing in December 2023 to discuss the White House policy on AI. The issue of AI abuse unchecked by government regulation was a key concern raised during the hearing. While private sector misuse of AI is a concern, the primary threats may come from the government itself, as it seeks to expand its use cases without proper oversight. Government agencies should be held accountable for any AI misuse or abuse to ensure the protection of citizen’s rights and privacy.
One potential loophole in the Office of Management and Budget’s guidance memorandum is the requirement that agencies must comply with minimum practices for safety and rights-impacting AI by December. This could potentially prevent inappropriate use of AI by government agencies and allow for more thorough legislation to regulate government AI use. Legislation should focus on restraining government AI use rather than targeting the private sector. Federal agencies must be held accountable for any misuse of AI technology to protect citizens’ constitutional rights and privacy.
Proposed model legislation outlines a bill aimed at regulating the federal government’s investment in and deployment of AI technology. The bill prohibits government funding, subsidies, and public-private partnerships for AI development and deployment, focusing instead on essential national security and public safety projects. The bill also addresses the need for insurance and liability market evolution and seeks to limit government interference in anti-competitive practices within the AI sector.
The bill further protects free speech, limits government surveillance and monitoring, and establishes enforcement mechanisms to ensure compliance. By focusing on regulating government AI use and protecting citizens’ rights, the proposed legislation aims to provide a framework for Congress to consider at this critical juncture. Negotiations may refine the details of the bill, but the main goal is to ensure that government AI use aligns with constitutional principles and safeguards against potential abuses.
