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August 21, 2024
Cadwalader partners Ken Breen and Phara Guberman spoke with Waters Technology about the recent U.S. Supreme Court decision to overturn the Chevron deference, and how the ruling presents unique considerations for potential AI rules.
In the August 21 article, “Chevron’s Absence Leaves Questions for Elusive AI Regulation in US,” Ken and Phara shared their insights into how reducing the purview of regulatory authorities, including the CFTC and SEC, through the removal of Chevron, the Court seems to be leaving the regulation of emerging technologies to officials that lack the expertise to understand new legislation around AI.
“AI is so complicated,” Ken noted. “I don’t think that there’s a fundamental understanding of it among the rule makers in Congress. I don’t think they know what to do with it.”
Phara added that the U.S. legislative makeup makes it difficult to enact the kinds of changes seen in the European Union. “The EU’s AI law that was passed is very much about privacy issues and incorporating all of the General Data Protection Regulations into its AI policy,” she said. “First and foremost, the US doesn’t even have a federal privacy law. Even if it did, it wouldn’t necessarily fall under the SEC’s jurisdiction. We already have states passing their own AI regulation when the federal government hasn’t.”
Read it here. (subscription required)
