Memento Moratorium
Nestled within the Energy and Commerce section of the sweeping budget reconciliation bill is a simple yet powerful clause titled “moratorium.” The moratorium would temporarily pause enforcement of state regulations on artificial intelligence (AI). The moratorium stands as a thoughtful answer to the concerns of well-intentioned state legislatures navigating the implications of the transformative technology by inviting innovators and lawmakers alike to leverage the existing laws of their states for good.
State bills to regulate AI are multiplying rapidly each year. Costly compliance orders, conflicting standards, and general incompatibility with the realities of technology are all part and parcel of this growing patchwork. The bills take aim at every aspect of the AI process, from development to use. They operate under different understandings of what constitutes basic terms, like “developer” and “artificial intelligence.” Such a system prevents AI from progressing and chills innovation as companies and inventors are overwhelmed by red tape.
Those in favor of state AI regulation are still able to acknowledge that the technology can be a powerful tool for good. For instance, AI’s stunning diagnostic powers in the field of medicine is a source of hope for even the most regulation-happy, and polling indicates that the majority of Americans are optimistic about its use in this area. Medicine has had more time to incorporate AI because healthcare is typically at the forefront of new and developing technologies, as it is often a matter of life and death. The overall positive reception of AI in healthcare can be attributed to many factors, among them the sheer amount of time that people have had to grow used to high-tech medicine and the clear positive effects of its use.
The proposed moratorium relies upon a similar logic: give AI time to see what it can and cannot do instead of rushing to preemptively regulate it. It would institute a ten-year pause on the enforcement of state AI regulation. In the interim that follows, the laws of the land would stand as a bulwark against illegal uses of AI. Copyright laws, civil rights standards, and product liability processes would remain intact.
While Constitutional protections and preexisting legal standards protect innovators and users against illegal behavior, lawmakers can better understand the real concerns of their constituents. The pause will reveal where, if any, new legislation is needed. At the conclusion of the moratorium, American AI will have had a true opportunity to flourish and lead and Congress will have had time to create uniform standards to protect American people and innovation.
The Pelican Institute was among a coalition of state groups that submitted a letter supporting the moratorium. AI has already been a force for good in Louisiana. Students at state universities are gaining national attention for the ways they leverage the technology. Louisiana’s hospitals are using cutting edge practices to heal patients and improve their experience. Data centers and technology companies are bringing jobs and other economic benefits to communities in Louisiana and throughout the nation. The moratorium represents a remarkable opportunity to remember the power of states’ own laws and the promise of AI technology.
Links to Learn More:
Protecting Kids Requires Smart, National Smart, National AI Policy
Don’t let the states derail America’s AI revolution – R Street Institute
