At some point, yes. But when? And how?
Today, AI is largely unregulated by federal and state governments. That may change as technologies incorporating AI continue to expand into communications, education, healthcare, law, law enforcement, manufacturing, transportation, and other industries, and prominent scientists as well as lawmakers continue raising concerns about unchecked AI.
The only Congressional proposals directly aimed at AI technologies so far have been limited to regulating Highly Autonomous Vehicles (HAVs, or self-driving cars). In developing those proposals, the House Energy and Commerce Committee brought stakeholders to the table in June 2017 to offer their input. In other areas of AI development, however, technologies are reportedly being developed without the input of those whose knowledge and experience might provide acceptable and appropriate direction.
Tim Hwang, an early adopter of AI technology in the legal industry, says individual artificial intelligence researchers are “basically writing policy in code” that reflects personal perspectives or biases. Kate Darling, the co-founder of AI Now and an intellectual property attorney, speaking with Wired magazine, assessed the problem this way: “Who gets a seat at the table in the design of these systems? At the moment, it’s driven by engineering and computer science experts who are designing systems that touch everything from criminal justice to healthcare to education. But in the same way that we wouldn’t expect a federal judge to optimize a neural network, we shouldn’t be expecting an engineer to understand the workings of the criminal justice system.”
“Who gets a seat at the table in the design of these systems? At the moment, it’s driven by engineering and computer science experts who are designing systems that touch everything from criminal justice to healthcare to education. But in the same way that we wouldn’t expect a federal judge to optimize a neural network, we shouldn’t be expecting an engineer to understand the workings of the criminal justice system.”
Those concerns frame part of the debate over regulating the AI industry, but timing is another big question. Shivon Zilis, fund investor at Bloomberg Beta, cautions that AI technology is here and will become a very powerful technology, so the public discussion of regulation needs to happen now. Others, like Alphabet chairman Eric Schmidt, considers the government regulation debate premature.
A fundamental challenge for Congress and government regulators is how to regulate AI. As AI technologies advance from the simple to the super-intelligent, a one size fits all regulatory approach could cause more problems than it addresses. On the one end of the AI technology spectrum, simple AI systems may need little regulatory oversight. But on the other end of the spectrum, super-intelligent autonomous systems may be viewed as having rights, and thus a focused set of regulations may be more appropriate. The Information Technology Industry Council (ITI), a lobbying group, “encourage[s] governments to evaluate existing policy tools and use caution before adopting new laws, regulations, or taxes that may inadvertently or unnecessarily impede the responsible development and use of AI.”
Regulating the AI industry will require careful thought and planning. Government regulations are hard to get right, and they rarely please everyone. Regulate too much and economic activity can be stifled. Regulate too little (or not at all) and the consequences could be worse. Congress and regulators will also need to assess the impacts of AI-specific regulations on an affected industry years and decades down the road, a difficult task when market trends and societal acceptance of AI will likely alter the trajectory of the AI industry in possibly unforeseen ways.
But we may be getting ahead of ourselves. Kate Darling recently noted that stakeholders have not yet agreed on basic definitions for AI. For example, there is not even a universally-accepted definition today for what is a “robot.”
June 2017 House Energy and Commerce Committee, Hearings on Self-Driving Cars
Wired Magazine: Why AI is Still Waiting for its Ethics Transplant