In a new primer, Technology and Innovation Policy Analyst Angela Luna examines the artificial intelligence (AI) policy initiatives undertaken during the Biden Administration and considers the regulatory paths available to the incoming Trump Administration.

Key points:

• As Congress failed to pass comprehensive AI legislation over the past four years, the Biden Administration turned to the administrative state to develop agency-level frameworks and guidelines mainly leveraging the existing authority of federal agencies.
• Meanwhile, without a single federal standard to preempt them, many states have implemented a wide variety of policies designed to regulate different aspects of AI, particularly in the areas of government use, civil rights, intellectual property, and transparency – although this patchwork of state AI regulations is likely to add costs and confusion to the industry.
• The incoming Trump Administration, working with Congress, faces the choice of pursuing a comprehensive federal law that preempts state laws or adopting a more sector-specific, decentralized approach that emphasizes flexibility and adaptability.

Read the analysis