Takeaways From the New Push for a Federal AI Law

The race to regulate artificial intelligence (AI) is heating up, with Congress the latest entrant. The Senate’s AI Caucus is interested in shaping a federal AI law during early 2023. “A lot of thinking is happening over the next 90 days or so about where we want to go the next two years,” Sam Mulopulos, Deputy Staff Director of the Senate’s Homeland Security and Government Affairs Committee, told a packed room on October 13, 2022, at the International Association of Privacy Professionals’ annual Privacy.Security.Risk conference. Congress is looking to keep some control over AI, as New York City, Colorado and other governments around the world already have laid out prescriptive requirements for organizations’ use of AI and automated decision making. This update provides takeaways on the latest federal, state and global attempts to comprehensively regulate AI use, highlighting five striking developments in October 2022 and other pressures on Congress. It also includes recommendations from AI policy experts from Uber, the Senate, Cozen Strategies and Future of Privacy Forum on how organizations can prepare for AI governance during this current period of legal uncertainty and ferment. See our three-part series on new AI rules: “NYC First to Mandate Audit” (Jul. 28, 2022); “States Require Notice and Records, Feds Urge Monitoring and Vetting” (Aug. 4, 2022); and “Five Compliance Takeaways” (Aug. 18, 2022).

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