There is no federal statute in the U.S. specifically regulating artificial intelligence. However, the U.S. legal framework presumes that statutes and common law doctrines of general application already apply to AI. The due process clause in the federal constitution provides one important limit on governmental use of automated decision-making tools to make decisions about individuals. Especially pertinent is the Supreme Court’s insistence that due process must include understandable notice. The regulation of bias in AI falls under the patchwork quilt of federal anti-bias and consumer protection laws, but enforcement may be weak under President Trump. States also have laws prohibiting bias, particularly in insurance underwriting. The states and even municipalities have been quite active in adopting new laws and regulations covering uses of artificial intelligence. In particular, a growing number of states have adopted consumer privacy laws that include provisions regulating automated decision making or automated data processing, often under the name of ‘profiling’.

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Artificial Intelligence Regulation in the United States: A Patchwork of Laws

  • James X. Dempsey

摘要

There is no federal statute in the U.S. specifically regulating artificial intelligence. However, the U.S. legal framework presumes that statutes and common law doctrines of general application already apply to AI. The due process clause in the federal constitution provides one important limit on governmental use of automated decision-making tools to make decisions about individuals. Especially pertinent is the Supreme Court’s insistence that due process must include understandable notice. The regulation of bias in AI falls under the patchwork quilt of federal anti-bias and consumer protection laws, but enforcement may be weak under President Trump. States also have laws prohibiting bias, particularly in insurance underwriting. The states and even municipalities have been quite active in adopting new laws and regulations covering uses of artificial intelligence. In particular, a growing number of states have adopted consumer privacy laws that include provisions regulating automated decision making or automated data processing, often under the name of ‘profiling’.