Lawfare Daily: David Rubenstein, Dean Ball, and Alan Rozenshtein on AI Federalism
Jul 5, 2024
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Alan Rozenshtein, David Rubenstein, and Dean Ball discuss the wide-reaching AI bill SB 1047 in California, AI regulation complexities, differing views on AI safety, industry lobbyists' influence, empowering states for AI regulation, and the global impact of state legislation.
SB 1047 aims to regulate catastrophic risks from advanced AI models, establishing oversight and safety certification requirements.
Debates on federal vs. state AI regulation highlight the need for consistent safety standards at the federal level.
Challenges in regulating AI highlight the balance between innovation and safety, emphasizing the complexity of effective regulation.
Deep dives
Overview of AI Regulation Landscape
States like California are considering legislation like SB 1047 to regulate AI models, while the bipartisan working group at the federal level led by Senator Schumer is also focused on AI regulation. The EU has already passed the EU -AI Act, setting the tone for global AI regulation.
SB 1047 Key Provisions
SB 1047 aims to regulate catastrophic risks from advanced AI models, such as GPT -40 and Clod 3.5. It establishes the Frontier Model Division for oversight and safety certification requirements for companies developing these models. The bill also creates a liability regime for hazardous capabilities using AI models.
Federalism and AI Regulation
Debates around the federal vs. state regulation of AI are ongoing, with arguments for federal level regulation emphasizing expertise and consistency. The authors propose that safety regulation of AI models should be decided at the federal level to avoid implications on AI development at a national scale.
Challenges in AI Regulation Decisions
Deciding on regulatory intervention points for AI models poses challenges, as the unique risks associated with AI require a careful balance between innovation and safety. The evolving debate reflects differing risk assessments and preferences, highlighting the complexity of crafting effective AI regulation.
Global and State Impact of AI Legislation
The introduction of state-level AI legislation like SB 1047 in California sparks global conversations on AI regulation. It raises questions about the extraterritorial impact of state laws and the potential need for federal oversight to address broader implications outside state boundaries. The dialogue underscores the complexities of regulating advanced technologies like AI across different jurisdictions.
Alan Rozenshtein, Associate Professor of Law at the University of Minnesota Law School and a Senior Editor at Lawfare; David Rubenstein, James R. Ahrens Chair in Constitutional Law and Director of the Robert J. Dole Center for Law and Government at Washburn University School of Law; and Dean Ball, Research Fellow at George Mason University's Mercatus Center, join Kevin Frazier, a Tarbell Fellow at Lawfare, to discuss a novel and wide-reaching AI bill, SB 1047, pending before the California State Assembly and AI regulation more generally.