The Supreme Court’s recent decision to overturn the Chevron deference doctrine, eliminating the requirement that courts defer to agencies’ interpretations of ambiguous statutes, is likely to have long-reaching impacts for AI policy. The case raises questions about the authority federal agencies have to promulgate new AI regulations and could alter Congress’ approach to drafting legislation to make it more prescriptive, as alluded to in Justice Elena Kagan’s dissent. FedScoop has more on how the decision could impact congressional activity and the Biden administration’s priorities on AI, including the implementation of President Biden’s October 2023 AI Executive Order.
On July 11, Senators Ron Wyden (D-OR), Peter Welch (D-VT), and Elizabeth Warren (D-MA) sent a letter to DOJ Assistant Attorney General for Antitrust Jonathan Kanter and FTC Chair Lina Khan, warning of “undue consolidation in the emerging generative artificial intelligence (AI) industry” and urging the agencies to take action against AI companies participating in anticompetitive practices. Specifically, the letter (1) expresses support for the recent FTC and DOJ investigations into the AI partnerships and investments of Microsoft, Google, Amazon, and Nvidia; (2) calls on the FTC to investigate Amazon’s deal with Adept; and (3) urges the agencies to protect the development and availability of open-source AI tools. The letter is the latest example of concern from policymakers and regulators over consolidation in emerging AI markets and comes just days after the DOJ’s Civil Rights Division met with government officials to discuss AI and civil rights.
The GOP’s party platform, released last week, calls for the repeal of President Biden’s executive order on AI, alleging it “hinders AI innovation, and imposes Radical Leftwing ideas on the development of this technology.” While the platform is light on other specific actions, a potential second Trump Administration might take on AI, weaken federal oversight of AI systems across agencies, and place a greater emphasis on competing against China. For example, the Washington Post reported that Trump allies, including his former chief economic adviser Larry Kudlow, are drafting an executive order that would create “industry-led” agencies to evaluate AI models, secure AI systems from foreign adversaries, and launch a series of “Manhattan Projects” to develop military technologies.
Tech policy experts expect Senator J.D. Vance (R-OH), the Republican nominee for vice president, to push for looser restrictions on AI and take a more laissez-faire approach to regulations in comparison to the Biden Administration. That being said, Sen. Vance has previously supported antitrust action against Big Tech and has praised FTC Chair Lina Khan, who has been closely scrutinizing competition in the emerging AI sector. The New York Times has more on J.D. Vance’s AI agenda here.
AI Policy Newsletter - July 19, 2024
At a Glance
July 19, 2024
By ainewsletter@fgsglobal.com