Two recent decisions of the Supreme Court, the Major Questions Doctrine and to a lesser degree Chevron, will make it virtually impossible to regulate AI. In addition, historically the legal community has been reluctant to take on the Supreme Court in venues outside the court room. Consequently the future for a possible regulation of AI is dismal unless immediate action is taken to mobilize informed and interested personnel to implement the aforementioned link which leads to the implementation of an out of court strategy.
We appreciate the fact that legislation is needed to implement a comprehensive program to regulate AI. However, as is the case in any number of major regulatory regimes, macro regulation begins with regulatory actions at the periphery of an issue and moves inward, being mindful of complying with existing statutory requirements. The two aforementioned actions by SCOTUS, taken nearly in tandem over very a short period of time, squash such an approach.
SCOTUS is accustomed to demonstrations and negative editorials but hopefully it will be subjected to the actions of a number of regulatory squadrons commanded by a significant number of seasoned pilots.
In response to the need for immediate action, CRE is exploring the initiation of the following program which is aimed at curtailing additional actions by SCOTUS and hopefully setting the stage for a reconsideration of previous actions:
1. The creation of a website dedicated to the implementation of the Common Law Initiative.
2. Requesting experts post articles on the aforementioned website which demonstrate that the recent actions of the Supreme Court make it nearly impossible to implement the most primitive of programs to regulate Artificial Intelligence.
3. Publicizing the articles in (2) above to:
the media members of Congress Administration officials influential individuals and organizations
as set forth herein.
