Can Congress Keep Up? A Look at AI Regulation and Lessons from History
As artificial intelligence (AI) continues to advance at an unprecedented pace, Congress is facing growing pressure to establish regulatory frameworks for the technology. However, the path to meaningful legislation remains uncertain, and historical precedents reveal why.
The Mixed Record of Congress in Regulating Emerging Technologies
Lawmakers have a mixed record in regulating emerging technologies, often moving slowly or missing key opportunities. With AI, Senate Majority Leader Chuck Schumer has called for legislative action "in the general category of months," holding forums to educate senators on the opportunities and risks AI presents. Industry leaders, including Elon Musk, Mark Zuckerberg, and Sam Altman of OpenAI, have advocated for government guidance, emphasizing the need for proactive regulation.
"This is sort of an important, urgent, and in some ways unprecedented moment," said Altman. "I think we really need the government to lead."
Historical Lessons: Regulating New Technologies
Congress’s track record on technology regulation reveals a pattern of delays and missed opportunities:
Telegraph
Samuel Morse—the inventor of Morse code and the telegraph—brought his new system to Washington in the 1840s, hoping to demonstrate its potential to lawmakers. He even set up a line between two rooms in the Capitol to showcase how messages could be sent instantly. Despite the breakthrough, Congress declined to invest, leading in part to private control of telecommunications in the U.S., unlike in other nations.
Radio
In the 1920s and 1930s, lawmakers stepped in to regulate radio, creating the foundations of federal telecommunications policy after broadcasters’ signals began overlapping without restriction.
Internet
By the 1990s, concerns over innovation and free speech delayed effective regulation of the internet. The Telecommunications Act of 1996 became a landmark law, but some lawmakers now reflect on how it could have been improved.
Challenges in Balancing Innovation with Oversight
"These historical examples reveal the challenges Congress faces in balancing innovation with oversight," noted House Speaker Mike Johnson. "We want to resist overregulating. The innovation aspect of AI is very important," he said. "I believe in Reagan’s principle that less government is the solution. Government is the problem itself. So we want to be very careful."
The EU’s Approach Influences U.S. Discussions
Earlier this year, the European Union (EU) passed the world’s first comprehensive AI regulation, categorizing AI into risk levels and restricting uses deemed "unacceptable," such as exploiting vulnerabilities based on biometric data. The EU also aims to ensure consistency among AI systems entering the marketplace, effectively creating a "level playing field" for AI users.
The Debate Over Stringent Standards
This approach has sparked debate in the U.S., where lawmakers are hesitant to adopt similarly stringent standards. Rep. Don Beyer, D-Va., who is studying AI at George Mason University, voiced concerns over mirroring the EU’s approach. "None of us want to imitate the European Union’s AI act, which we see as very regulatory," he said.
Urgency and Concerns Among Lawmakers
Many lawmakers, including Rep. Jay Obernolte, R-Calif., emphasize that AI’s risks are more grounded in data privacy, misinformation, and potential for malicious use than in "an army of evil robots." Obernolte warned that issues like AI-driven misinformation and financial security risks "are all things that keep us up at night."
Despite the urgency, Congress has struggled with basic governance tasks, leading some, like Rep. Ted Lieu, D-Calif., co-chair of the AI task force, to question whether Congress can move quickly enough.
The Need for Urgent Action
A report from the task force is expected later this year, though it’s uncertain what recommendations will emerge. Given Congress’s slow history on regulating new technologies, there’s skepticism about its ability to address AI effectively.
Will Congress Act Before It’s Too Late?
As the global race to lead in AI continues, the U.S. faces a pivotal moment. By learning from the successes and missteps of past regulations, Congress may be able to craft responsible AI laws that promote innovation while safeguarding against potential harms.
The Stakes Are High
AI’s rapid development may ultimately compel lawmakers to act sooner rather than later. The upcoming election and shifting priorities could impact the legislative focus, but one thing is clear: the world will be watching as Congress navigates this critical moment in history.
As Rep. Don Beyer noted, "One of the things that’s pending is what kind of regulatory framework we put in place." With so much at stake, it remains to be seen whether Congress can keep up with the pace of AI and ensure a future where innovation and responsibility go hand-in-hand.
Editor’s Note
This article was created by Alicia Shapiro, CMO of AiNews.com, with writing, image, and idea-generation support from ChatGPT, an AI assistant. However, the final perspective and editorial choices are solely Alicia Shapiro’s. Special thanks to ChatGPT for assistance with research and editorial support in crafting this article.
About the Author
Alicia Shapiro is a seasoned journalist and marketing expert who has been covering the intersection of technology and society for over a decade. With her expertise in AI, data science, and emerging technologies, she brings unique insights to her writing and consulting work. When not exploring the latest advancements in tech, Alicia can be found hiking through the mountains or experimenting with new recipes.
About ChatGPT
ChatGPT is an AI assistant that generates human-like text based on a given prompt or topic. With its advanced natural language processing capabilities, ChatGPT helps writers and researchers to explore complex ideas, refine their arguments, and craft compelling narratives.
This article is not sponsored by any organization or individual. The views expressed here are those of the author and do not reflect the opinions of any other entity.