The House Committee on Energy and Commerce budget proposal hides a controversial provision: a 10 year ban on state’s regulation of artificial intelligence (AI). This moratorium would prohibit states from enforcing current laws and passing future legislation that regulate “artificial intelligence models, artificial intelligence systems, or automated decision systems” in the 10 years after the bill would be passed.
This provision would eliminate 107 AI-regulating legislation across 41 states, only allowing the federal government to make regulations regarding AI. However, states have taken the lead when it comes to regulations on technology and AI in recent years, while the federal government has been hesitant to pass legislation concerning AI.
The proposed legislation has been unpopular for Democrats and Republicans alike, with many concerned by the implications it could have on insurance and health care. AI is often used by insurance companies to make decisions about individual cases, causing many states to pass legislation enforcing that decisions made by AI must be reviewed by humans. Many states also have legislation to make insurance companies disclose if AI was used to make decisions. If this provision were to be passed, these laws would be abandoned and AI could have the final say on some patient’s insurance.
The provision is also under scrutiny by many conferences and committees for its vague and confusing language, in addition to the bill’s purpose as a whole. The bill uses double negatives and unusual language, likely to confuse readers as a tactic to get the bill passed with less opposition, according to IAPP.
The National Conference of State Legislatures (NCSL), a bipartisan organization, put out a statement on May 13th, condemning the moratorium. NCSL claims that removing a state’s right to regulate AI infringes on state rights and violates the Byrd Rule, a Senate rule stating that unrelated topics can not be tagged on to a committee’s budget proposal.
Many are also concerned that the proposal could open the door to a world of unchecked artificial intelligence and technology, especially with some politicians backing the idea. Texas senator, Ted Cruz, commented that he plans to bring the concept of a ban on state regulations of AI to the Senate as well.
These AI regulating laws passed by states are not without their flaws. It’s often difficult for regulations to balance protecting people from AI and allowing the freedom to use it. It’s not easy to make legislation about AI without creating some negative impacts, however outlawing these state regulations could drastically change how AI is used in the future.
