Anticipate Increased Scrutiny over AI’s Role in Politics and Policy

As conversations around this election season come to a close, one thing has become abundantly clear: AI played a defining role in shaping how voters understood candidates and their policies (even if the voters were not aware of it).??

For the first time in history, many people turned to AI-driven tools to analyze candidates’ platforms and track policy shifts. This technology, once niche, has now entered the mainstream of political engagement.??

With Donald Trump’s return to office and influential voices like Elon Musk in his orbit, AI policy is at a critical turning point. Musk, who has famously cautioned about AI’s unchecked growth, now has a unique proximity to the White House. President Biden created the first ever Select Committee on Artificial Intelligence , and we do not yet have clear visibility how a Trump administration will build from or alter that approach.? But given Musk’s and other’s projections about the need for regulation, we might expect a more vigilant federal approach to AI oversight.???

In Congress there are several AI policy frameworks being advanced.? When the new Congress is sworn in, look for Senators Blumenthal (D-CT) and Hawley (R-MO) to double down on their framework for AI policymaking, which will include:?

• The creation of an independent oversight body to administer a registration and licensing process for companies developing “sophisticated general purpose AI models” and models to be used in certain “high risk situations.”?

• The elimination of Section 230 immunity for AI-generated content. This proposal follows legislation Senators Blumenthal and Hawley introduced in June, the No Section 230 Immunity for AI Act , which would deny section 230 immunity to Internet platforms for damages from AI-generated content.?

• Increased National Security protections, including export controls, sanctions, and other restrictions to prevent foreign adversaries from obtaining advanced AI technologies.?

• Promotion of transparency, including requiring AI developers to disclose training data and other key information to users and other stakeholders, requiring disclaimers when users are interacting with AI systems, and publicly disclosing adverse incidents or AI system failures.?

• Protection for consumers, including increased control over personal data used in AI systems and strict limitations on generative AI involving children.?

At the state level, several recent regulations could serve as a blueprint for federal policy. States like California and major cities like New York have implemented stricter AI transparency standards, mandating clearer disclosures around automated decision-making. These moves address growing public concerns about data privacy, bias, and the ethical use of AI in areas like hiring and consumer finance. If these trends gain traction nationally, we could see the federal government adopt similar safeguards.?

It’s an exciting and pivotal time for those of us in the AI space. With federal policy potentially evolving, industry leaders will need to keep a close watch on these developments and adapt to ensure compliance while continuing to innovate responsibly. The question now is how the new administration will balance promoting AI advancements with the need for robust regulation. Either way, one thing is certain: AI’s role in shaping policy and public opinion has only just begun.?