Understanding AI Regulation and the Potential Impact of Proposed Budget Cuts
A Pragmatic Look at the Intersection of Law, Technology, and Policy
Before we get too much farther along - Full disclosure, This post was written with the help of "CoPilot", Microsoft's "Screaming Goat" AI engine. Notwithstanding, efforts were made to fact-check the output. Please let me know of any inaccuracies or contradictions you may have found.
Artificial intelligence (AI) is no longer the stuff of
futuristic dreams. From recommendation algorithms on your favorite streaming
platforms to facial recognition at airports, AI services are becoming an
integral part of our daily lives. However, as transformative as AI is, its
rapid growth raises significant ethical, legal, and societal concerns, making
regulation a crucial component to ensure its development aligns with public
interest. But what happens when funding for the very bodies overseeing AI regulation
is cut, as proposed in policy initiatives like those from the Trump
Administration? Let’s explore.
How Are AI Services Regulated?
AI regulation is a complex, multi-jurisdictional effort that
involves balancing innovation with safety, privacy, and fairness. Governments,
international organizations, and private entities work together—sometimes in
harmony but often at odds—to establish frameworks for AI governance. Let’s
break down the key elements of regulation.
1. Ethical Guidelines
Governments and organizations worldwide have issued ethical
principles to guide AI development. For instance, the European Commission’s
guidelines emphasize transparency, human oversight, and accountability, while
the United States focuses on innovation-friendly, risk-based approaches that
avoid over-regulation.
2. Data Protection Laws
AI relies heavily on data, making data protection laws a
cornerstone of its regulation. The General Data Protection Regulation (GDPR) in
the EU is a gold standard, mandating consent for data collection and granting
individuals the right to access and delete their data. (1.) In the U.S.,
regulations are more fragmented, with state-level laws such as the California
Consumer Privacy Act (CCPA). (2.)
3. Sector-Specific Regulation
Certain domains, like healthcare or autonomous vehicles,
have bespoke regulations tailored to the risks inherent to those fields. For
example, the Federal Aviation Administration (FAA) oversees AI in aviation,
while the Food and Drug Administration (FDA) monitors AI used in medical
devices. (3.) (4.)
4. Oversight Bodies
Regulatory agencies and advisory councils are often charged
with monitoring AI developments. In the U.S., bodies like the National
Institute of Standards and Technology (NIST) establish technical standards,
while the Federal Trade Commission (FTC) addresses consumer protection issues
related to AI. (5) (6)
The Proposed Cuts: What’s at Stake?
Proposals for budget cuts, like those floated during the
Trump Administration, often target regulatory agencies in the name of reducing
government spending. While specifics vary, the overarching consequences of such
cuts could be profound when it comes to AI governance. Here are key areas of
concern:
1. Reduced Oversight
If agencies like the FTC or NIST face significant budget
cuts, their ability to monitor and enforce AI-related laws could diminish. An
article from the Brookings Institute suggests that this could lead to unchecked
development of AI systems, increasing risks of bias, discrimination, and
privacy breaches. (7)
2. Slower Development of Standards
Technical standards are essential for ensuring
interoperability, safety, and fairness in AI systems. Budget cuts could slow
the development and adoption of such standards, creating a fragmented ecosystem
where bad actors exploit loopholes. (8)
3. Weakened Consumer Protections
With fewer resources, consumer protection agencies may
struggle to keep up with AI-related complaints, such as issues with algorithmic
transparency or unfair outcomes in lending or hiring decisions. This could
erode public trust in AI technologies. (9)
4. Global Leadership at Risk
Countries like China and the EU are investing heavily in AI
regulation to establish themselves as global leaders in the field. U.S. budget
cuts could compromise its ability to compete, leaving it behind in shaping the
international AI agenda. (10)
Real-World Consequences
The consequences of weakened AI regulation are not
hypothetical—they would manifest in tangible ways that affect individuals,
businesses, and society at large.
1. Increased Algorithmic Bias
AI systems are only as good as the data they are trained on.
Without robust oversight, systems could perpetuate or exacerbate biases,
leading to discriminatory outcomes in areas like employment, housing, or law
enforcement. (11)
2. Privacy Breaches
With less stringent data protection, companies might misuse
personal information, exposing individuals to identity theft, surveillance, or
other forms of harm. (12).
3. Stifled Innovation
Paradoxically, under-regulation can stifle innovation.
Without clear guidelines, companies may hesitate to invest in AI technologies
for fear of future litigation or public backlash. (13)
4. Public Safety Risks
In sectors like transportation or healthcare, poorly
regulated AI could lead to catastrophic failures, such as accidents involving
autonomous vehicles or errors in AI-driven medical diagnoses. (14)
Conclusion
Regulating AI is a delicate balancing act that requires
adequate resources, expertise, and foresight. Budget cuts to regulatory
agencies risk tipping the scales in favor of unchecked development, with
potentially dire consequences for individuals and society. As we move forward,
it is imperative to prioritize investment in AI governance to ensure that this
transformative technology serves the greater good rather than becoming a source
of harm or inequality.
In the end, the goal should not be to stifle AI but to guide
it responsibly. After all, the future of AI is not just about machines—it’s
about people.
References.
1.)
What is the GDPR? Retrieved 5/18/2025,
from https://gdpr.eu/what-is-gdpr/
2.)
General Information about the CCPA Retrieved
from https://oag.ca.gov/privacy/ccpa#:~:text=Right%20to%20opt%2Dout%20of%20sale%20or%20sharing:%20You%20may,them%20to%20do%20so%20again.
3.)
Artificial Intelligence and Machine Learning in
Software as a Medical Device. Retrieved from https://www.fda.gov/medical-devices/software-medical-device-samd/artificial-intelligence-and-machine-learning-software-medical-device#:~:text=Artificial%20intelligence%20(AI)%20and%20machine,the%20medical%20product%20life%20cycle.
4.)
Technical Discipline: Artificial Intelligence –
Machine Learning Retrieved from https://www.faa.gov/aircraft/air_cert/step/disciplines/artificial_intelligence
5.)
NIST: Information Technology/Artificial Intelligence.
Retrieved from https://www.nist.gov/artificial-intelligence#:~:text=Artificial%20intelligence%20Topics&text=NIST%20promotes%20innovation%20and%20cultivates,Input%20is%20encouraged.
6.)
FTC Announces Crackdown on Deceptive AI Claims
and Schemes. Retrieved from https://www.ftc.gov/news-events/news/press-releases/2024/09/ftc-announces-crackdown-deceptive-ai-claims-schemes#:~:text=The%20cases%20being%20announced%20today,tools%20that%20can%20turbocharge%20deception.
7.)
States are legislating AI, but a moratorium
could stall their progress. Retrieved from https://www.brookings.edu/articles/states-are-legislating-ai-but-a-moratorium-could-stall-their-progress/#:~:text=Josie%20Stewart%20Research%20and%20Communications,fair%20AI%20design%20and%20deployment.
8.)
The Need for and Pathways to AI Regulatory and
Technical Interoperability. Retrieved from https://www.techpolicy.press/the-need-for-and-pathways-to-ai-regulatory-and-technical-interoperability/
9.)
Fairness and Bias in Artificial Intelligence: A
Brief Survey of Sources, Impacts, and Mitigation Strategies. Retrieved from https://www.mdpi.com/2413-4155/6/1/3#:~:text=In%20healthcare%2C%20an%20AI%20system,healthcare%20or%20receiving%20subpar%20treatment.
10.)
The global AI race: Will US innovation lead or
lag? Retrieved from The global AI race: Will US innovation lead or lag?
11.)
Human Rights Research Center: Harnessing
Technology to Safeguard Human Rights: AI, Big Data, and Accountability. Retrieved
from https://www.humanrightsresearch.org/post/harnessing-technology-to-safeguard-human-rights-ai-big-data-and-accountability#:~:text=AI%20systems%20often%20inherit%20and,to%20systematically%20disadvantage%20female%20applicants.
12.)
Paloalto networks. What is sensitive data. Retrieved
from https://www.paloaltonetworks.com/cyberpedia/sensitive-data
13.)
Thomson Rueters. Why ai still needs regulation
despite impact. Retrieved from https://legal.thomsonreuters.com/blog/why-ai-still-needs-regulation-despite-impact/
14.)
US Department of Transportation. Understanding
AI Risks in transportation. Retrieved from https://www.transportation.gov/sites/dot.gov/files/2024-09/HASS_COE_AI_Assurance_Whitepaper_AI_Risk_Sep2024.pdf
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