Ifeoma Ajunwa (Emory University School of Law; Harvard University, Berkman Klein Center for Internet & Society) has posted The Artificial Intelligence Commission (115 Georgetown Law Journal ___ (forthcoming 2027)) on SSRN. Here is the abstract:
As history shows, the law has generally lagged technological developments and this comes at a cost. Although some applaud the (impending) demise of the Anthropocene, the breakneck speed of the development of A.I. technologies introduces legal quandaries such as the circumscription of due process, equal protection, and equal opportunity. Centralized legal interventions, rather than piecemeal state legislation, are necessary to ensure that A.I. technologies do more good than harm. This Article proposes the Artificial Intelligence Act which would create The Artificial Intelligence Commission (“A.I. Commission”), a federal agency dedicated to establishing and enforcing legal standards for the safe development and deployment of A.I. technologies. Unlike much earlier calls for a “Federal Search Commission,” an “FDA for algorithms” or a “Robot commission,” this proposed agency is more comprehensive and has teeth. Addressing the argument that the fast pace of A.I. development could render AI regulation a futile game of whack-a-mole, the Article proposes a nimble structure that is adaptable to any future A.I. developments. The Article’s contributions are multifold: Part I of the Article details the need for the A.I. Commission, focusing on how A.I. technologies have already been deputized for governmental functions, how they impact consumer safety, and how they may widen the gulf of inequality. Part II of the Article discusses design lessons to be gleaned from the history of extant federal agencies. Deploying those lessons, Part III sketches key provisions of the A.I. Commission Act and also describes the agency’s structure, purview, and charge. Part IV provides historical examples of legislation spurring innovation to rebut the regulatory dodge that regulation stifles innovation and parses First Amendment legal arguments against AI regulation.
Highly recommended!
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