Can Congress Keep Up? A Look at AI Regulation and Lessons from History

As AI continues to advance, Congress faces growing pressure to establish regulatory frameworks for the technology. However, the path to meaningful legislation remains uncertain, and historical precedents reveal why.

Lawmakers have a mixed record in regulating emerging technologies, often moving slowly or missing key opportunities. With AI, Senate Majority Leader Chuck Schumer has called for legislative action “in the general category of months,” holding forums to educate senators on the opportunities and risks AI presents. Industry leaders, including Elon Musk, Mark Zuckerberg, and Sam Altman of OpenAI, have advocated for government guidance, emphasizing the need for proactive regulation. “This is sort of an important, urgent and in some ways unprecedented moment, and I think we really need the government to lead,” said Altman.

Historical Lessons: Regulating New Technologies

Congress’ track record on technology regulation reveals a pattern of delays and missed opportunities:

• Telegraph: Samuel Morse—the inventor of Morse code and the telegraph—brought his new system to Washington in the 1840s, hoping to demonstrate its potential to lawmakers. He even set up a line between two rooms in the Capitol to showcase how messages could be sent instantly. Despite the breakthrough, Congress declined to invest, leading in part to private control of telecommunications in the U.S., unlike in other nations. This decision shaped the American approach to communications technology for years to come.

• Radio: In the 1920s and 1930s, lawmakers stepped in to regulate radio, creating the foundations of federal telecommunications policy after broadcasters’ signals began overlapping without restriction.

• Internet: By the 1990s, concerns over innovation and free speech delayed effective regulation of the internet. The Telecommunications Act of 1996 became a landmark law, but some lawmakers now reflect on how it could have been improved.

These historical examples reveal the challenges Congress faces in balancing innovation with oversight. "We want to resist overregulating. The innovation aspect of AI is very important," noted House Speaker Mike Johnson. "I believe in Reagan's principle that less government is the solution. Government is the problem itself. So we want to be very careful."

How the EU’s Approach Influences U.S. Discussions

Earlier this year, the European Union (EU) passed the world’s first comprehensive AI regulation, categorizing AI into risk levels and restricting uses deemed “unacceptable,” such as exploiting vulnerabilities based on biometric data. The EU also aims to ensure consistency among AI systems entering the marketplace, effectively creating a “level playing field” for AI users. This approach has sparked debate in the U.S., where lawmakers are hesitant to adopt similarly stringent standards.

Rep. Don Beyer, D-Va., who is studying AI at George Mason University, voiced concerns over mirroring the EU’s approach. “None of us want to imitate the European Union's AI act, which we see as very regulatory,” he said. However, Beyer acknowledged that “some regulation is probably going to be necessary because there will be bad actors.” Beyer goes on to say, "One of the things that's pending is a major privacy bill. We've never had a real Privacy Act in American history."

Urgency and Concerns Among Lawmakers

Many lawmakers, including Rep. Jay Obernolte, R-Calif., emphasize that AI’s risks are more grounded in data privacy, misinformation, and potential for malicious use than in “an army of evil robots.” Obernolte warned that issues like AI-driven misinformation and financial security risks “are all things that keep us up at night.”

Despite the urgency, Congress has struggled with basic governance tasks, leading some, like Rep. Ted Lieu, D-Calif., co-chair of the AI task force, to question whether Congress can move quickly enough. A report from the task force is expected later this year, though it’s uncertain what recommendations will emerge.

Looking Ahead: Will Congress Act Before It’s Too Late?

Given Congress’ slow history on regulating new technologies, there’s skepticism about its ability to address AI effectively. The upcoming election and shifting priorities could impact the legislative focus, but AI’s rapid development may ultimately compel lawmakers to act sooner rather than later.

As the global race to lead in AI continues, the U.S. faces a pivotal moment. By learning from the successes and missteps of past regulations, Congress may be able to craft responsible AI laws that promote innovation while safeguarding against potential harms.

Editor’s Note: This article was created by Alicia Shapiro, CMO of AiNews.com, with writing, image, and idea-generation support from ChatGPT, an AI assistant. However, the final perspective and editorial choices are solely Alicia Shapiro’s. Special thanks to ChatGPT for assistance with research and editorial support in crafting this article.