This Week in AI: With Chevron’s demise, AI regulation seems dead in the water
What are the challenges Congress faces in creating AI laws now?
Congress faces challenges in creating AI laws due to the rapidly evolving nature of the technology, the need for specific regulations to survive legal challenges, and the difficulty in predicting future AI developments. Additionally, the recent Supreme Court decision striking down Chevron deference adds complexity to the process, as agencies can no longer apply basic rules to new enforcement circumstances, making nationwide AI regulation more difficult.
How might the Supreme Court's decision impact AI regulation?
The Supreme Court's decision to strike down Chevron deference may make it more difficult to regulate AI. Congress will now need to write highly specific regulations to survive legal challenges, which could be challenging given the speed and unpredictability of the AI industry. This could lead to courts filling the gaps in regulation, or federal lawmakers considering the task futile and abandoning AI bills.
What is "Chevron deference" and why was it important?
Chevron deference is a legal principle that required courts to defer to federal agencies' interpretations of ambiguous laws passed by Congress. It was important because it gave federal agencies the power to interpret and implement laws, providing stability and certainty to regulations. Its elimination may lead to increased litigation and difficulty for agencies to address significant issues like climate change and public health.