Lawfare Daily: Former FCC Chair Tom Wheeler on AI Regulation
May 30, 2024
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Former FCC Chair Tom Wheeler discusses the need for a new agency to regulate AI and emerging technology, highlighting the current agencies' lack of agility. He explores the pros and cons of the Senate AI Working Group's roadmap, emphasizing the importance of addressing spillover effects of AI development.
Agile regulatory oversight needed for AI to counterbalance tech giants' power.
Traditional regulatory structures struggle to keep pace with AI evolution.
Creation of a new digital agency with digital expertise crucial for effective AI regulation.
Deep dives
AI Regulation and Public Interest Oversight in a Digital Era
In the podcast, Tom Wheeler discusses the need for agile regulatory oversight in the digital era, emphasizing the importance of public interest oversight to counterbalance the power held by digital technology companies. He compares the regulatory challenges of the industrial and digital revolutions, advocating for new regulatory structures that reflect the unique characteristics of the digital economy. Wheeler stresses the urgency of adapting regulatory approaches to address the fast-paced evolution of artificial intelligence and its societal impacts.
Challenges of Regulating AI in a Fast-Changing Environment
The podcast addresses the difficulties of regulating AI due to its rapid evolution and changing nature. Wheeler highlights the limitations of traditional regulatory structures based on 19th and 20th-century models in keeping up with the dynamic advancements in AI technology. He advocates for new, agile regulatory frameworks that can effectively address the challenges posed by AI's transformative effects on society and the economy.
Impact of AI on Regulatory Agencies and Government Structures
Wheeler discusses the challenges faced by government agencies in adapting to AI advancements, drawing from his experience leading the Federal Communications Commission (FCC). He emphasizes the need for government agencies to evolve and embrace digital expertise to effectively regulate AI technologies. Wheeler suggests the creation of a new digital agency staffed with digital experts, equipped to keep pace with technological developments and enforce standards in the digital era.
Balancing Innovation and Regulation in the AI Landscape
The podcast underscores the delicate balance between fostering innovation and implementing regulations in the AI landscape. Wheeler addresses concerns about stifling innovation through overly prescriptive regulations, highlighting the importance of focusing on behavioral effects rather than micromanagement. He navigates the tension between promoting innovation and safeguarding against potential market capture by large incumbents, advocating for agile, effects-based regulatory approaches.
Addressing Neglected AI Regulatory Areas: Metaverse and Information Integrity
Wheeler brings attention to overlooked AI regulatory areas, such as the metaverse and information integrity. He emphasizes the impact of AI on the digital divide and societal information ecosystems. Wheeler calls for policymakers to address the secondary effects of AI proliferation, including misinformation challenges and the evolving nature of online information dissemination. He urges a focus on maintaining the quality of information ecosystems amidst AI advancements.
Former FCC Chair Tom Wheeler joins Lawfare Tarbell Fellow Kevin Frazier and Lawfare Senior Editor Alan Rozenshtein to discuss the latest developments in AI governance. Building off his book, “Techlash: Who Makes the Rules in the Digital Gilded Age?” Wheeler makes the case for a more agile approach to regulating AI and other emerging technology. This approach would likely require the creation of a new agency. Wheeler points out that current agencies lack the culture, structure, and personnel required to move at the speed of new technologies. He also explores the pros and cons of the Bipartisan Senate AI Working Group’s roadmap for AI policy. While Wheeler praises the collaboration that went into the roadmap, he acknowledges that it may lack sufficient focus on the spillover effects of more AI development and deployment.
