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Brigham Young University Prelaw Review

Keywords

AI, regulation, settlements, tort law, administrative law

Abstract

Artificial intelligence, a new phenomena embedding itself in every aspect of public life, is advancing at unprecedented rates with potentially catastrophic consequences. While fragmented and reaction regulation frameworks are currently in place, based primarily on tort cases, this paper calls for a hybrid regulatory solution that combines federal administrative law and streamlined international policy. This paper assesses proposed regulatory solutions - tort law, an industry-drafted “AI Constitution,” a Communications Decency Act-style immunity framework, a domestic federal agency, and an international regulatory body. Based on these frameworks, the authors have developed five criteria for an effective solution - expertise, enforceability, obligation, cross-jurisdictional consistency, and constitutional legitimacy. The authors encourage Congress to establish a specialized federal AI regulatory agency to implement proactive, enforceable standards while coordinating with international institutions. Such a structure best reconciles innovation with accountability and aligns with established U.S. approaches to regulating high-risk technologies.

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