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Op-ed: Over 2,000 proposals aim to govern AI. Not a single one addresses a long-term regulatory framework

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Why This Matters

The rapid proliferation of over 2,000 AI regulatory proposals highlights the urgent need for a comprehensive, long-term governance framework. Without proactive, future-focused regulation, society risks unpreparedness for potential AI-related crises and challenges. Establishing a dedicated national regulatory body is essential to oversee AI's evolving impact responsibly and effectively.

Key Takeaways

Every several weeks, we hear reports of mind-expanding new capabilities from the AI community. With excitement and dread, we try to extrapolate what this will mean for mankind and society: speculating which jobs will disappear, which jobs will appear, and when computers will outreason humans. These topics have become part of our everyday conversation.

Less noticed, but fundamentally important, is a simultaneous number of government announcements of new regulatory actions. The states have over 1,500 bills under consideration. Congress has hundreds, the executive branch has dozens of executive actions, and market participants have a diverse set of views on how the AI industry should be regulated.

I once thought that this AI revolution could be governed by the invisible hand of the market. These nearly 2,000 proposals tell us that is not possible.

While many of these proposed policy changes are thoughtful, needed, and a good step forward, they in totality are not sufficient. The common denominator is that they are all focused on a piece of today's problem. Not a single proposal is attempting to establish a durable, comprehensive future-focused regulatory framework.

National regulatory bodies have traditionally been established after a crisis. The SEC was established after the crash of 1929 and the Nuclear Regulatory Commission (NRC) was established after the partial meltdown at Three Mile Island.

Let us not wait for a crisis to happen during this AI revolution.

We need policymakers to proactively step forward and establish a national regulatory body with the broad mandate to properly oversee the AI revolution for today's and tomorrow's opportunities and problems.

The establishment of a national regulatory body is not a panacea. You could argue that a so-called A.I.R. commission, as AI impacts all areas of society, will have the most dynamic mandate. Regulators tend to over-regulate and continued congressional, executive, judicial and public oversight is critical. The AI revolution is a global race and the balance of an innovation led market with proper regulation is a Herculean task that we must master.

However, I would offer up one aspect of the SEC's operating model as a partial way forward.

Before joining Nasdaq, I ran an entrepreneurial software company. Speed to market was paramount and we would update our product as rapidly as possible. At Nasdaq, I was shocked to learn that to implement improvements to the core exchange technology, SEC rules mandated that we submit the details of these changes to the SEC, which would in turn publish them for comment and subsequent review. The fact that all your competitors would know exactly what was included in your next release was entirely uncomfortable.

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