The Importance of Implementing AI Regulations for the Federal Government
Introduction
The use of artificial intelligence (AI) systems has become increasingly prevalent in various sectors, including healthcare, law enforcement, and finance. While AI offers numerous benefits and advancements, it also presents ethical and societal challenges. As concerns surrounding the impact of AI systems on individual rights and opportunities continue to grow, it is crucial for the federal government to take decisive action to regulate their usage.
Regulating AI for Human Rights Protection
AI systems have the potential to significantly impact our rights, opportunities, and access to critical resources or services. To address this, the federal government should implement regulations that ensure AI systems comply with certain standards and practices. By doing so, the government can shape business practices and protect citizens’ rights. Key measures that can be taken include:
1. Requiring Compliance with Best Practices
- Any federal agency procuring an AI system that can meaningfully impact individuals’ rights, opportunities, or access to critical resources should mandate compliance with established best practices.
- Vendors must provide evidence of their AI systems’ adherence to these practices.
- This approach recognizes the federal government’s significant purchasing power and ability to influence business practices.
- For example, the federal government can dictate best practices for algorithms used in candidate screening and selection processes.
2. Ensuring Compliance for Federal Funding Recipients
- The executive order should require entities receiving federal dollars, including state and local agencies, to ensure that the AI systems they use comply with established practices.
- This acknowledges the important role of federal investment in states and localities.
- The Department of Justice can attach conditions to grants for state and local law enforcement, stipulating the proper use of AI technology in criminal justice systems.
3. Expanding Regulatory Authority
- The executive order should direct agencies with regulatory authority to update and expand their rulemaking processes to include AI.
- This enables the regulation of AI systems in various sectors, such as medical devices, hiring algorithms, credit scoring, and property valuation.
- Regulatory initiatives should be undertaken in collaboration with relevant stakeholders to ensure comprehensive guidelines.
Global Landscape of AI Regulation
The need for regulating AI is not unique to the United States. Various countries and regions have already started implementing extensive restrictions on AI systems. Failure to take proactive measures may put American businesses at a disadvantage and hinder their operations in countries with stringent AI regulations. Some notable examples include:
1. The European Union’s AI Act
The European Union is on the verge of passing an expansive AI Act. It encompasses several provisions that align with the aforementioned best practices, making compliance essential for businesses seeking to operate within the EU market.
2. China’s AI Regulations
China has imposed limits on commercially deployed AI systems, demonstrating its commitment to controlling the use of AI technology. These regulations extend beyond what the United States is currently considering, highlighting the need to stay competitive in the global AI landscape.
Addressing Concerns and Challenges
Implementing an extensive set of AI regulations may raise concerns and challenges. It is essential to address these to ensure the successful adoption and integration of the proposed measures. Some common concerns include:
1. Impact on Small Businesses
- Linking regulatory requirements to the degree of impact can address concerns regarding compliance burdens for small businesses.
- The more significant the potential impact, the more thorough the vetting process should be, regardless of the developer’s size.
- This approach balances the need for regulation while considering the capacity of small businesses.
2. Practicality of Requirements
- Rather than viewing the requirements as impractical, it is important to recognize the federal government’s influence as a market maker.
- An executive order that calls for testing and validation frameworks incentivizes businesses to translate best practices into viable testing regimes.
- Market demand has prompted the emergence of firms specializing in algorithmic auditing and evaluation services.
- Industry consortia have developed detailed guidelines for vendors, and consulting firms offer guidance to clients.
- Nonprofit entities, like Data and Society, have established dedicated labs to assess AI systems’ impact on different populations.
Conclusion
The implementation of comprehensive AI regulations by the federal government is a necessity in today’s technology-driven world. As AI systems continue to evolve and expand their influence, it is crucial to ensure that they are developed, deployed, and used ethically. By taking decisive action, the federal government can protect individual rights, promote equal opportunities, and shape the responsible use of AI technology for the betterment of society.
Note: The following is a summary of the original content provided above.
Summary
The federal government should implement regulations to ensure that AI systems comply with established standards and practices, safeguarding individual rights and opportunities. This can be achieved by requiring compliance with best practices for federal agencies and recipients of federal funding. The regulatory authority should be expanded to cover various sectors. Failure to regulate AI may hinder American businesses in countries with strict AI regulations. Concerns about compliance burdens for small businesses can be addressed by linking requirements to the degree of impact. The practicality of regulations can be facilitated by incentivizing businesses through testing and validation frameworks. The federal government’s market influence as a customer can drive the adoption of best practices. Collaborative efforts with industry consortia and independent entities can aid in the development of practical implementation strategies for AI regulations.
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Second, it could instruct any federal agency procuring an AI system that has the potential to “meaningfully impact [our] rights, opportunities, or access to critical resources or services” to require that the system comply with these practices and that vendors provide evidence of this compliance. This recognizes the federal government’s power as a customer to shape business practices. After all, it is the biggest employer in the country and could use its buying power to dictate best practices for the algorithms that are used to, for instance, screen and select candidates for jobs.
Third, the executive order could demand that anyone taking federal dollars (including state and local entities) ensure that the AI systems they use comply with these practices. This recognizes the important role of federal investment in states and localities. For example, AI has been implicated in many components of the criminal justice system, including predictive policing, surveillance, pre-trial incarceration, sentencing, and parole. Although most law enforcement practices are local, the Department of Justice offers federal grants to state and local law enforcement and could attach conditions to these funds stipulating how to use the technology.
Finally, this executive order could direct agencies with regulatory authority to update and expand their rulemaking to processes within their jurisdiction that include AI. Some initial efforts to regulate entities using AI with medical devices, hiring algorithms, and credit scoring are already underway, and these initiatives could be further expanded. Worker surveillance and property valuation systems are just two examples of areas that would benefit from this kind of regulatory action.
Of course, the testing and monitoring regime for AI systems that I’ve outlined here is likely to provoke a range of concerns. Some may argue, for example, that other countries will overtake us if we slow down to implement such guardrails. But other countries are busy passing their own laws that place extensive restrictions on AI systems, and any American businesses seeking to operate in these countries will have to comply with their rules. The EU is about to pass an expansive AI Act that includes many of the provisions I described above, and even China is placing limits on commercially deployed AI systems that go far beyond what we are currently willing to consider.
Others may express concern that this expansive set of requirements might be hard for a small business to comply with. This could be addressed by linking the requirements to the degree of impact: A piece of software that can affect the livelihoods of millions should be thoroughly vetted, regardless of how big or how small the developer is. An AI system that individuals use for recreational purposes shouldn’t be subject to the same strictures and restrictions.
There are also likely to be concerns about whether these requirements are practical. Here again, it’s important not to underestimate the federal government’s power as a market maker. An executive order that calls for testing and validation frameworks will provide incentives for businesses that want to translate best practices into viable commercial testing regimes. The responsible AI sector is already filling with firms that provide algorithmic auditing and evaluation services, industry consortia that issue detailed guidelines vendors are expected to comply with, and large consulting firms that offer guidance to their clients. And nonprofit, independent entities like Data and Society (disclaimer: I sit on their board) have set up entire labs to develop tools that assess how AI systems will affect different populations.
We’ve done the research, we’ve built the systems, and we’ve identified the harms. There are established ways to make sure that the technology we build and deploy can benefit all of us while reducing harms for those who are already buffeted by a deeply unequal society. The time for studying is over—now the White House needs to issue an executive order and take action.
WIRED Opinion publishes articles by outside contributors representing a wide range of viewpoints. Read more opinions here. Submit an op-ed at ideas@wired.com.
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