FTC Cracks Down on AI: New Rules to Regulate AI Use Cases
In a dramatic twist of events, the Federal Trade Commission (FTC) has revealed its aggressive plan to regulate the use of artificial intelligence (AI) through its existing authority. Chair Lina Khan and the FTC’s Bureau of Consumer Protection have decided not to rely on self-regulation and instead utilize their merger review, consumer protection, and rulemaking authority.
Director of the FTC’s Bureau of Consumer Protection, Samuel Levine, made it clear in a recent speech that the Commission will not let AI companies regulate themselves. Levine stressed that the government needs a clear regulatory framework and a strong regulator in order to address the harms caused by AI. He outlined a three-pronged strategy for the FTC: blocking mergers that impede technological progress, using existing enforcement tools against unfair or deceptive AI practices, and expanding the Commission’s toolkit through rulemaking.
In line with this strategy, Senator Ron Wyden has introduced the Algorithmic Accountability Act of 2023. The bill aims to subject certain algorithms to periodic impact assessments and grant the FTC substantial new authority to enforce this requirement. If passed, the bill will bring significant changes to the regulation of AI and add 75 employees to the Commission’s Bureau of Technology.
Last week, the Senate Commerce Committee held a hearing for three nominees to the FTC: current Commissioner Rebecca Kelly Slaughter (D), Melissa Holyoak (R), and Andrew Ferguson (R). All three nominees expressed their support for the use of existing statutory authority to regulate certain AI use cases. Commissioner Slaughter has been a vocal advocate for AI regulation, suggesting the use of the FTC’s unfairness authority and exploring transparency requirements to address algorithmic bias.
With these recent developments, it is clear that the FTC is on a mission to regulate AI. The agency intends to take action to ensure fair competition, challenge unfair AI practices, and establish new rules to respond to novel AI harms. The Biden administration and its agencies may not wait for Congress to pass legislation and will utilize the tools they already have.
So, what does this mean for the future of AI regulation? Will the FTC be able to effectively regulate AI without the support of Congress? Share your thoughts and opinions in the comments below!
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