Senate AI Working Group’s Roadmap Leaves Many Questions Unanswered

Last week, the Senate AI Working Group released an eagerly-awaited roadmap report, “Driving U.S. Innovation in Artificial Intelligence: A Roadmap for Artificial Intelligence Policy in the United States Senate.” This document, which is the culmination of a roughly year-long process of hearings and expert consultations, aims to guide congressional policy on artificial intelligence. While the roadmap represents a step forward in the AI policy debate, it also underscores the profound uncertainty and lack of consensus surrounding how to govern this transformative technology.

The roadmap proposes a range of measures to encourage AI innovation in the U.S. while mitigating potential risks. Recommendations in the report include making federal investments in AI research and development, expanding access to AI educational resources nationwide, developing a “capabilities-focused risk-based approach” to AI governance, and leveraging immigration to attract top AI talent. On workforce impacts, the roadmap recommends training programs to prepare workers for an AI-enabled economy, with additional policies to address job displacement. For high-impact AI uses, the report emphasizes ensuring compliance with existing laws and identifying any regulatory gaps, while guaranteeing constitutional rights are protected.

As R Street policy analyst Adam Thierer points out, the roadmap largely eschews proposals like the creation of a broad AI-specific regulatory agency or mandatory licensing and auditing schemes, ideas which have dominated some earlier policy discussions. This shift away from preemptive regulation is a positive development, reflecting a more sensible approach to AI policy since the Senate launched a series of AI Insight Forums in September of last year. These information-sharing meetings gathered together D.C. lawmakers with a wide range of experts and practitioners in the AI field.

Despite taking a more hands-off regulatory approach than some concerned about risks of AI would prefer, the roadmap nevertheless leaves the door open for substantial government intervention. It includes many calls for congressional committees to explore additional legislative and regulatory measures.

The lack of concrete policy prescriptions in the report is telling, however. Like many congressional initiatives, it declares bold intentions but hesitates to commit to clear courses of action. The roadmap’s ambiguity reflects the immense uncertainty policymakers face in regulating a technology that is evolving at breakneck speed. On some issues, such as watermarking AI-generated content, there appears to be a rough consensus emerging. But in many other areas, from liability for AI harms to intellectual property implications, the path forward is much murkier.

The history of federal privacy regulation may be a sign of what is to come. While there is generally agreement about a need for a federal law to supersede the patchwork at the state level, there is not sufficient agreement in what this should look like to ensure passage.

The AI landscape is similar. This uncertain policy environment helps explain the Biden administration’s approach thus far. Facing pressure to act but lacking clear direction, the White House has relied heavily on issuing non-binding guidance documents, forming a variety of task forces, and extracting voluntary commitments from tech companies. While some formal regulations are being written and more are no doubt in the works, the administration seems to be biding its time as it grapples with the complexities and unknowns surrounding this multi-faceted issue.

The reality is that no one truly knows the “right” way to regulate AI at this juncture. We are in uncharted territory, with a technology that could fundamentally reshape our economy and lives in ways we can scarcely imagine. Policymakers are scrambling to keep pace, but clear solutions are elusive.

As the Senate roadmap demonstrates, crafting effective AI policy requires ongoing input from a wide range of stakeholders, continuous assessment of the evolving risks, and a willingness to be flexible and adapt as our understanding matures. The details of AI policy will have to be worked out iteratively over time, informed by research and ongoing real-world experience.

Regardless of the policy uncertainties, one thing is clear: the future is hurtling toward us at an accelerating pace. Transformative AI systems are already being deployed in sectors from healthcare and finance to transportation and national security, with more on the horizon. The genie is out of the bottle, and no amount of regulatory maneuvering will stuff it back in. Our challenge now is to nimbly steer the course of this technological revolution to maximize its benefits and minimize the pitfalls. The roadmap is a step in that direction, but the journey ahead remains long and shrouded in uncertainty.