Following OpenAI CEO Sam Altman’s recent testimony in front of Congress, where he proposed the creation of a new federal agency to regulate artificial intelligence (AI), Colorado Democratic Senator Michael Bennet has introduced a bill that aims to do just that. The updated version of the legislation, reviewed by CNN, seeks to establish a Federal Digital Platform Commission.
The revised bill explicitly covers AI products and makes significant changes to the definition of a digital platform, now including companies that offer “content primarily generated by algorithmic processes.” Senator Bennet emphasized the need for adequate regulation, stating that technology companies should not face less oversight than small businesses, especially considering the potential harm to democracy and children’s mental health.
The bill expands on the definition of an algorithmic process, clarifying that the proposed commission would have jurisdiction over the use of personal data to generate content or make decisions, key aspects associated with generative AI technologies like OpenAI’s viral chatbot, ChatGPT. It also introduces requirements for algorithmic audits and public risk assessments for “systemically important” platforms, which would undergo scrutiny for potential harms caused by their AI tools.
While the bill maintains the requirement for fair, transparent, and safe platform algorithms, it underscores Congress’s effort to address the regulation of cutting-edge technologies like AI. Altman’s recent testimony has fueled discussions on whether a separate federal agency should oversee AI tools, with suggestions of licensing or credentialing for AI companies. Although the bill does not explicitly propose a licensing program, it grants the commission the authority to design appropriate rules for industry oversight.
The idea of a specialized regulator for internet companies has gained some support, but concerns have been raised about the risks of creating a new bureaucracy. Critics warn about the potential for “regulatory capture,” whereby industries exert undue influence over government agencies. Some lawmakers stress the importance of providing adequate resources and scientific expertise to any agency to ensure its effectiveness.
As Congress engages in policymaking on AI, the focus on establishing a dedicated agency to oversee AI tools may become a central point of discussion. The bill introduced by Senator Bennet represents a significant step towards addressing the regulation of AI and digital platforms, highlighting the government’s efforts to navigate this rapidly evolving landscape.
