AI regulation is a shiny object---voters will pay attention, and republicans will dissent.

(Roehrenbeck, Mark Brennan, Ches Garrison, Telha Arshad, Ryan Thompson, 2024, Hogan Lovells, “Technology policy’s next big challenge: Divergent approaches to regulating AI”, https://www.engage.hoganlovells.com/knowledgeservices/news/technology-policys-next-big-challenge-divergent-approaches-to-regulating-ai)

AI is one of the current “shiny objects” in Congress, raising the attention of many Members of Congress who see the regulation of AI as a potentially bipartisan issue. In the first months of the new Congress, both the House and Senate have already held several hearings and introduced legislation on various aspects of AI regulation. Further, in April, Senate Majority Leader Chuck Schumer (D-NY) announced an intensive effort to examine and understand AI technology and develop a legislative framework.

As the U.S. Congress begins to consider fundamental policy issues in AI regulation, there are several overarching, sometimes conflicting dynamics in play. First, lawmakers are intent on ensuring that China does not outpace U.S. innovation. China’s rising geopolitical and economic power is one of the only bipartisan issues in a bitterly partisan Congress, and we expect it to color the debate over AI regulation. Second, Congress has been highly focused on the tech sector in recent years, including data privacy, competition, and children’s online safety. Some members are now also looking at the intersection of some of these issues with AI.

That said, there is far from any bipartisan consensus on how to regulate AI or even what specific issues to address. Some Democratic lawmakers have expressed concern about the potential for AI to perpetuate bias, misinformation, and discrimination. Meanwhile, some Republicans see AI as an area for economic growth and cost savings, but they are also concerned that AI might could out conservative thoughts. Partisan politics in the run-up to the 2024 election could also overwhelm Congress’s attention. In short, we expect much congressional interest and activity on AI over the coming years, but it remains to be seen how any proposals will progress.