After the recent midterm elections, it seems that the incoming Congress will come with a revitalized, ambitious appetite to pass legislation on artificial intelligence (AI). As my colleagues have highlighted, some in Congress have called for aggressive regulation of the industry, even proposing pauses on development. But the political reality is that any proposal from the new Congress will need to survive a presidential veto from an administration that has expressed a desire to maintain a light-touch approach to AI regulation. This equilibrium will, fortunately, fend off proposals for heavy-handed regulation—opening up a unique opportunity to address some of the concerns surrounding the AI industry without hampering the development of one of the most promising technologies in decades.
Focusing on narrowly targeted, restrained legislation is Congress’s best option to address some voters’ concerns about AI. But Congress’s attention should look beyond regulating the AI industry towards curbing executive power. The executive’s notorious overreach highlights the need to create a more orderly, rules-based system for AI governance. Policymakers should be wary of passing legislation that could grant the executive more power over AI.