The Evolving Landscape of AI Regulation | Institute for Health Policy Leadership

By IHPL - October 15, 2024

Artificial intelligence (AI), ranging from machine learning that is commonly used today to the potential future development of artificial general intelligence, holds the potential to revolutionize how individuals work, live, and connect with others.¹ Since the introduction of ChatGPT in 2022, the fast development of generative AI has intensified the need for AI regulation. The growing capabilities of generative AI, including large language models and facial recognition, have made AI governance a global priority.^2,3It has also prompted individuals, industries, organizations, and governments to navigate its implications and explore both existing and new legal frameworks for regulation.³

There is ongoing debate about whether governments should regulate AI. During congressional hearings on AI, a key argument emphasized by AI company leaders noted that excessive regulation could stifle innovation. Meanwhile, lawmakers are continuing to work on bills to encourage AI innovation but are cautions about a reactive approach. They are concerned that Congress’ previous failures with social media might lead to similar problems with AI in the future.⁴

In October 2023, the Biden Administration issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence to advance federal agencies’ efforts, building on prior initiatives to leverage AI’s benefits while mitigating its risks.^5,6 It established new standards for AI safety and security, protecting American’s privacy; promoted equity and civil rights; stood up for consumers and workers; and advanced innovation and competition.⁵ For more details, please refer to IHPL’s June 2024 Issue Brief titled Artificial Intelligence in Healthcare.

In California, several recently passed and proposed AI regulations aim to enhance transparency, accountability, and consumer protection by mandating disclosure of information such as AI systems’ functions, data sources, and decision-making processes.⁷ For example, the Generative Artificial Intelligence: Training Data Transparency (AB 2013), which passed the California Legislature in August 2024, would require AI developers to publish documentation on the datasets used to train their systems on their website for public consumption by January 1, 2026.⁸ Similarly, the California State Legislature introduced the Automated Decisions Systems (AB 2930) in February 2024 which aims to regulate both deployers and developers to conduct an impact assessment on any automated decision tool prior to its first deployment and then on an annual basis.⁹ However, the bill was ordered to the inactive file at the request of Senator Umberg on August 31, 2024 after passing out of the Assembly and being read a second time in the Senate.¹⁰ Additionally, the Artificial Intelligence Technology (SB 970), introduced in January 2024, would require sellers or providers of AI technology to warn consumers about potential civil or criminal liabilities for misuse.¹¹ Furthermore, passed in August 2024, the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (SB 1047) requires AI developers to comply with various rules and regulations based on their complexity.¹²

As AI continues to evolve rapidly, its integration into our daily lives continues to shift how individuals interact with the technology. From simplifying daily tasks to revolutionizing healthcare, AI is transforming the human experience. However, the ongoing debate over AI regulation highlights a critical balancing act between fostering innovation and ensuring responsible oversight. It is crucial to approach AI integration with a sense of responsibility to ensure that its benefits advance society while minimizing potential repercussions.

Author Bio:

Renée Chuang, M.S.

Renée completed her undergraduate education in Biochemistry and Sociology at the University of Oregon. She then received her Master of Science in Global Health at National Taiwan University. Currently, she is pursuing her DrPH in Health Policy and Leadership at Loma Linda University School of Public Health. Her research interests include patient-provider relationships and quality of care. When she is not working on her dissertation, she can be found exploring local coffee shops in LA or training for a marathon

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