Industry Groups Back OMB AI Guidance; CDT Wants Concrete Actions

Industry groups contend OMB is prioritizing innovation and the groups suggested voluntary standards for artificial intelligence regulation. The Center for Democracy & Technology criticized the AI draft guidance for lack of concrete suggestions. OMB guidance "aims to support a U.S. approach to free-market capitalism, federalism, and good regulatory practices,” said the request for comment. The draft memorandum provides guidance to agencies for developing regulatory and nonregulatory approaches for sectors and “consider ways to reduce barriers to the development and adoption of AI technologies.” Comments were due Friday and are posted here. The guidance provides a “strong foundation for federal agencies to craft regulations while maintaining the regulatory flexibility that companies need to innovate,” the Computer & Communications Industry Association said. CCIA recommended any new regulations be “technology-neutral, and apply to outcomes rather than prescribing specific technical practices.” The Information Technology Industry Council applauded the agency’s “emphasis on using a risk-based approach to AI regulation” and guidance that federal agencies consider AI applications individually rather than applying horizontal regulation. ITI supports the draft memo’s “emphasis on using voluntary standards as an alternative to new regulation.” BSA|The Software Alliance agreed with the guidance that “the goal of AI governance should be to promote innovation and enhance public trust.” Nonregulatory policy approaches, like sector-specific frameworks and voluntary consensus standards, “can play a critically important role” in promoting AI applications, BSA said. CDT approves of the agency’s common sense approach but said it “offers little guidance beyond our understanding of the basic tenets of sound policymaking and good administrative processes.” CDT sought concrete steps agencies should take in regulating and said “agencies should consider and clarify existing legal and policy approaches first.” ACT|The App Association supports voluntary consensus standards for AI application. It recommended the U.S. ensure such standards promote a balanced approach to standard-essential patent licensing, saying a number of owners of fair, reasonable and nondiscriminatory terms SEPs are abusing their unique positions (see 2002140026).