Premature AI Regulation Could Slow its Development

Premature regulation of artificial intelligence--as compelling as it will seem to policymakers--might stifle or slow deployment and benefits, as some have argued has been the case for new technology in many other instances. But the evaluation of such rules often depends on whether it is “consumer advocates” or “industry advocates” who do the viewing. 

Always, “consumer protection” has been viewed as an easy win by lawmakers, who can say they are acting in defense of citizens. But outcomes sometimes are not what lawmakers envisioned. 

The Fairness Doctrine was supposed to support “differing views” on controversial matters. Instead, the rules mostly ensured that broadcasters would avoid such issues. Other rules relating to electronic media likewise have been touted as protections, but also were challenged on grounds of restricting freedom of expression. 

Advocates of network neutrality have argued that the Telecommunications Act of 1996, designed to promote innovation in communications, had unintended consequences for network neutrality, as the Act “might” have allowed internet access providers to block content, favor their own content or extract payments from app providers. 

Opponents of network neutrality say there is scant evidence that such abuses ever happened, even in the absence of rules. Even those who believe ISPs would behave badly if they could might also agree that robust competition seemingly prevents ISPs from acting in such a manner. 

Technology	Regulation	Impact
Motion pictures	The Hays Code (1930-1966)	The Hays Code was a self-censorship code that restricted the content of Hollywood films. The code was designed to uphold traditional moral values, but it also stifled creativity and innovation in the film industry.
Television	The Fairness Doctrine (1949-1987)	The Fairness Doctrine was a policy that required broadcasters to present opposing views on controversial issues of public importance. The doctrine was designed to ensure that the public had access to a variety of viewpoints, but it also stifled free speech and debate.
Video games	The Entertainment Software Rating Board (ESRB) (1994-present)	The ESRB is a self-regulatory body that rates video games based on their content. The ESRB was created in response to public concerns about the violence in video games. While the ESRB has been successful in reducing the amount of violence in video games, it has also been criticized for stifling creativity and innovation in the video game industry.
Internet	The Communications Decency Act (CDA) (1996-1997)	The CDA was a law that attempted to restrict access to indecent and obscene material on the internet. The law was challenged in court and ultimately struck down as unconstitutional. However, the CDA had a chilling effect on free speech online.
Blockchain	The Securities and Exchange Commission (SEC) (2017-present)	The SEC has been criticized for its regulation of the blockchain industry. The SEC has taken a number of actions against blockchain companies, including issuing cease-and-desist orders and filing lawsuits. The SEC's actions have created uncertainty in the blockchain industry and have made it difficult for blockchain companies to raise capital.
AI	The European Union's General Data Protection Regulation (GDPR)	The development of new AI technologies, such as facial recognition and voice assistants
Internet	The Telecommunications Act of 1996	Early internet development, including the growth of social media and streaming services
Radio	The Radio Act of 1927	Early radio broadcasting, including experimental and avant-garde programming