Introduction
In a world where AI is increasingly used in government decision-making, our lawmakers remain unchecked in their own use of this powerful technology.
While most AI legislation focuses on regulating AI for businesses and individuals, there’s a glaring omission—politicians and lawmakers are exempt from the very rules they create.
Our Federal AI Disclosure Act is the first of its kind, setting a new standard by implementing checks and balances on those in power, ensuring that the same Artificial Intelligence transparency and accountability demanded of others also applies to the decision-makers themselves.
Discover how our groundbreaking legislation proposal can transform the way AI is governed, bringing true accountability to the heart of our democracy.
As Artificial Intelligence (AI) rapidly integrates into various sectors, the need for robust and clear legislation becomes increasingly urgent. Among the numerous AI-related laws being proposed, the Federal AI Disclosure Act emerges as a standout due to its precise and focused mandate: it specifically requires elected officials at all levels of government to disclose any AI assistance in the composition, drafting, introduction, and creation of legislation, ordinances, and official statements.
This clear focus not only enhances transparency and accountability but also ensures a more straightforward path for legal enforcement. In contrast, other AI legislation, such as the H.R. 3831 AI Disclosure Act of 2023, the Algorithmic Accountability Act, and the EU’s AI Act, fall short in several critical areas, highlighting the superior clarity and effectiveness of the Federal AI Disclosure Act.
1. Clear and Focused Mandate
Our Federal AI Disclosure Act’s greatest strength is its laser-focused mandate. It specifically focuses on elected officials, requiring them to disclose any AI involvement in the creation of legislation, ordinances, and official statements. This narrow scope ensures that the law directly addresses the most critical area of concern: the integrity of the legislative process. By excluding businesses, non-elected officials, and private entities from its purview, the Act avoids the pitfalls of over-regulation and maintains a clear and enforceable purpose.
Comparison: H.R. 3831 AI Disclosure Act of 2023
The H.R. 3831 AI Disclosure Act of 2023, while aiming to increase transparency, suffers from a lack of focus. It broadly applies to all entities using AI, including businesses and private organizations, without differentiating between the contexts in which AI is used. This broad application creates confusion and dilutes the law’s effectiveness, as it is unclear when and where the disclosure should apply. (Read more at Why the H.R.3831 – AI Disclosure Act of 2023 is a Perfect Example of Bad AI Legislation)
Excerpt from H.R. 3831:
“All entities that utilize AI systems to generate content must disclose that such content has been produced, in whole or in part, by artificial intelligence.”
This provision, while well-intentioned, fails to distinguish between AI’s use in private and public sectors, leading to potential overreach and legal ambiguity. In contrast, the Federal AI Disclosure Act’s focus on elected officials ensures clarity and relevance.
Comparison: Algorithmic Accountability Act
The Algorithmic Accountability Act, another piece of AI legislation, seeks to hold companies accountable for the algorithms they deploy. However, like H.R. 3831, it casts a wide net, requiring disclosures and assessments from a variety of entities without a specific focus on the governmental use of AI. This broad approach can lead to regulatory overload and does not directly address the transparency needed in the legislative process.
Excerpt from Algorithmic Accountability Act:
“Entities must conduct impact assessments on automated decision systems and disclose risks of harm or discrimination.”
While important for corporate accountability, this legislation does not address the critical need for transparency in how elected officials use AI, a gap that the Federal AI Disclosure Act effectively fills.
2. Enhancing Government Transparency
The Federal AI Disclosure Act is a powerful tool for enhancing government transparency. By mandating that elected officials disclose any AI involvement in the drafting and introduction of legislation, the Act ensures that the public is fully informed about how their laws and regulations are being crafted. This transparency is essential for maintaining public trust in government processes and preventing the misuse of AI in ways that could undermine democratic principles.
Comparison: EU’s AI Act
The EU’s AI Act represents one of the most comprehensive attempts to regulate AI, imposing strict requirements on high-risk AI systems. However, its broad scope, covering a wide range of AI applications across various sectors, can lead to complexities in enforcement and may not effectively target the use of AI in government legislation.
Excerpt from EU’s AI Act:
“AI systems that pose a high risk to fundamental rights and safety must undergo rigorous testing and certification.”
While this approach is commendable for its thoroughness, it lacks the direct focus on governmental transparency that the Federal AI Disclosure Act provides. The EU’s AI Act is more concerned with the technical aspects of AI systems rather than ensuring elected officials’ transparency in their legislative duties.
3. Clarity in Legal Enforcement
The Federal AI Disclosure Act excels in providing clarity for legal enforcement. By focusing solely on elected officials and their use of AI, the Act simplifies the enforcement process. Regulators can easily identify when and where the law applies, reducing the risk of legal disputes over the Act’s interpretation. This focus also allows for more effective and targeted oversight, ensuring that the law achieves its intended purpose without unnecessary complexity.
Comparison: H.R. 3831 AI Disclosure Act of 2023
The H.R. 3831 AI Disclosure Act of 2023 creates a more complicated legal landscape by requiring disclosures from a wide range of entities. This broad application can lead to challenges in enforcement, as regulators must determine how to apply the law across various sectors and contexts. The lack of a clear focus on elected officials also means that the most critical area of AI use—its role in governance—may not receive the attention it needs.
Comparison: Algorithmic Accountability Act
Similarly, the Algorithmic Accountability Act’s broad requirements for companies to assess and disclose algorithmic risks, while beneficial for consumer protection, do not provide the same level of clarity when applied to the legislative process. The lack of focus on government use of AI makes enforcement more challenging and less effective in promoting transparency where it is most needed.
4. Strengthening Democratic Accountability
By requiring the disclosure of AI assistance in legislative processes, the Federal AI Disclosure Act strengthens democratic accountability. Voters have a right to know how their elected officials are making decisions and what tools they are using. This Act ensures that AI, a powerful and potentially opaque technology, is not used in secret to influence the creation of laws and policies. This openness is essential for maintaining the integrity of democratic institutions and ensuring that AI is used responsibly in governance.
Comparison: EU’s AI Act
While the EU’s AI Act addresses high-risk AI systems and their potential impact on fundamental rights, it does not specifically focus on the use of AI in legislative processes. This omission leaves a gap in ensuring that elected officials are transparent about their use of AI in decision-making, a gap that the Federal AI Disclosure Act effectively fills.
Comparison: H.R. 3831 AI Disclosure Act of 2023
The H.R. 3831 AI Disclosure Act of 2023, with its broad application to all AI-generated content, does not provide the same level of democratic accountability. Its failure to focus on the unique challenges posed by AI’s use in government means that it does not adequately ensure that elected officials are held accountable for their use of AI in the legislative process.
Summary: A Model for Effective AI Legislation
In our view, the Federal AI Disclosure Act exemplifies effective AI legislation, particularly in its emphasis on elected officials, the enhancement of government transparency, and its straightforward legal enforcement mechanisms. By requiring elected officials to disclose any AI assistance in the creation of laws, the Act ensures that AI is utilized responsibly and transparently within the framework of governance.
In contrast, other legislative efforts, such as the H.R. 3831 AI Disclosure Act of 2023, the Algorithmic Accountability Act, and the EU’s AI Act, fall short in providing the necessary clarity and focus required for the effective regulation of AI in the legislative process.
As AI continues to increasingly influence our society, it is imperative that future legislation draws from the Federal AI Disclosure Act, prioritizing transparency, accountability, and clarity in the legislative process.
In the words of the ancient Latin phrase, “Quis custodiet ipsos custodes?”—Who will guard the guards themselves? In a democracy, where the authority of the government is derived from the consent of the governed, the answer lies in the transparency of the legislative process. It is crucial that the Federal AI Disclosure Act be enacted promptly by the United States Congress to uphold these principles.