As artificial intelligence (AI) development accelerates, policymakers in the United States (US) and in other jurisdictions grapple with the question of how to adapt their legal and policy frameworks so society can capitalize on AI’s benefits and mitigate its risks. In contrast to the European Union (EU) and China, the US has not enacted comprehensive AI legislation that extends throughout the entire jurisdiction. However, while maintaining a comparatively deregulatory approach, the US has established AI government direction and policy emphasizing the importance of AI innovation and US leadership while also promoting economic competitiveness, human flourishment, and national security. This chapter examines the evolving US AI legal and policy landscape, including how it has developed and how it can change over time. It outlines the structure of the US government and discusses several US governmental bodies that are helping shape US AI law and policy. It also explains some key US AI laws and policies, including at the federal and state levels, as well as the roles of binding legal requirements, non-binding government guidance, government enforcement, public procurement, and the courts. It concludes by highlighting how US participation in international AI policy efforts can impact or reflect US policy. Given the wide range of US governmental bodies, laws,and policies, and the continuing evolution of the US AI legal and policy landscape, this chapter importantly provides a structure for understanding future developments that may arise.

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US Artificial Intelligence Regulation

  • Lee Tiedrich

摘要

As artificial intelligence (AI) development accelerates, policymakers in the United States (US) and in other jurisdictions grapple with the question of how to adapt their legal and policy frameworks so society can capitalize on AI’s benefits and mitigate its risks. In contrast to the European Union (EU) and China, the US has not enacted comprehensive AI legislation that extends throughout the entire jurisdiction. However, while maintaining a comparatively deregulatory approach, the US has established AI government direction and policy emphasizing the importance of AI innovation and US leadership while also promoting economic competitiveness, human flourishment, and national security. This chapter examines the evolving US AI legal and policy landscape, including how it has developed and how it can change over time. It outlines the structure of the US government and discusses several US governmental bodies that are helping shape US AI law and policy. It also explains some key US AI laws and policies, including at the federal and state levels, as well as the roles of binding legal requirements, non-binding government guidance, government enforcement, public procurement, and the courts. It concludes by highlighting how US participation in international AI policy efforts can impact or reflect US policy. Given the wide range of US governmental bodies, laws,and policies, and the continuing evolution of the US AI legal and policy landscape, this chapter importantly provides a structure for understanding future developments that may arise.