Read the previous columns below.
1) September 2023 Column: Introduction to Artificial Intelligence (AI)
2) December 2023 Column: Workforce Impacts
March 2024 Column
The Black AI Optimist Column Part III: Regulating the AI Revolution
Artificial Intelligence (AI) is advancing at a blistering pace. A little over a year ago, on
November 30, 2022, OpenAI launched ChatGPT and blew people’s minds with a chatbot that
could quickly respond to prompts with reasoned answers. It was something that many of us had
only seen in movies. Last month, OpenAI previewed Sora; its text to video offering that
produces realistic videos from written prompts. And there have been talks of importing
ChatGPT into a physical robot.
While the mere fact that text to video is becoming a reality is jarring, the potential uses and
misuses of this technology are even more unsettling. Accordingly, it is incumbent upon our
elected officials and regulatory bodies to ensure we are making the most of this technology
while protecting consumers. In this column, we will discuss the recent regulatory and legislative
developments en route to making that happen; and highlight where we as consumers can make
our voices heard as those taking on this challenge develop and effectuate their plans.
In reviewing the regulatory landscape, we will tour recent developments coming from the White
House and Congress. It is worth noting that there have been some major international
developments in the AI regulation space, including the passage of the EU AI Act. However, we
will focus our discussion in this column on domestic developments and pending legislation.
The White House
President Joe Biden has taken a few steps to help steer AI in the right direction during his first
term as president. Relatively early in his term, in October 2022, the Biden Administration
released the Blueprint for an AI Bill of Rights: Making Automated Systems Work for the
American People (Blueprint). It was a step in the right direction. While it did not provide any
concrete action items, it previewed the areas the Biden Administration would focus on in vetting
developments in AI. It outlined five key principles:
- Safe and Effective systems
- Algorithmic Discrimination Protections
- Data Privacy
- Notice and Explanation
- Human Alternatives, Consideration, and Fallback
Each of the five principles outlined, if implemented from the beginning, will aid in ensuring we
make the most of AI while helping mitigate the risks.
Fortunately, President Biden did not stop there. A year later, the Biden Administration issued an
Executive Order (EO), on October 30, 2023, titled Safe, Secure, and Trustworthy Development
and Use of Artificial Intelligence. The EO is founded upon eight tenants:
- New Standards for AI Safety and Security
- Protecting Americans’ Privacy
- Advancing Equity and Civil Rights
- Standing Up for Consumers, Patients, and Students
- Supporting Workers
- Promoting Innovation and Competition
- Advancing American Leadership Abroad
- Ensuring Responsible and Effective Government Use of AI
It called on federal agencies to take over 100 separate actions intended to promote U.S.
leadership on AI while reducing associated risks. It was refreshing to see the EO include
Section 7 Advancing Equity and Civil Rights, focused on advancing equity and civil rights.
Section 7 focuses on combating discriminatory or biased uses of AI, primarily in criminal justice
and government benefits administration.
AI has the potential to make significant inroads in solving some of humanity’s greatest challenges,
from climate change to cancer – but only if developed responsibly and inclusively to
benefit all people and communities. Prioritizing non-discrimination is more than an ethical
safeguard; it's an innovation catalyst driving superior AI outcomes.
Smarter systems hinge on diverse data and inclusive design. By proactively auditing for bias
and embedding equitable governance practices, organizations enhance AI’s real-world
effectiveness while future-proofing public trust. Emerging best practices position equity as an AI
accelerator. By demonstrating a genuine interest in getting this right from the beginning, our
elected officials can help ensure the private sector follows suit.
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