Republican AGs Express Concern over Potential for Political Bias in A.I. Regulatory Scheme

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  • A group of 20 Republican AGs wrote a letter in response to a Request for Information (RFI) issued by the National Institute of Standards and Technology (NIST) regarding NIST’s role pursuant to a recent Executive Order addressing the regulation of A.I.
  • The letter criticizes the Biden administration’s recent Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, claiming that the order opens the door to using the federal government’s control over AI for political ends. The AGs also argue that the order wrongly grants the Department of Commerce authority to review AI systems without proper legal basis, relying incorrectly on the Defense Production Act—a law the AGs claim is meant to boost manufacturing, not regulate emerging tech. They also argue the order injects political bias into A.I. risk management, evidenced by the announced intention of the order to stifle “disinformation,” which the AGs argue could cross into government censorship.
  • The AGs ask the Biden administration to work with Congress and states to find a bipartisan solution to ensure safe, trustworthy A.I., rather than attempt that goal through executive fiat.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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