AI Regulators Are More Likely to Run Amok Than is AI

Proposed AI legislation would enshrine tech-killing precautionary principle into law.

by Ronald Bailey
Reason.com

Deploying the precautionary principle is a laser-focused way to kill off any new technology. As it happens, a new bill in the Hawaii Legislature explicitly applies the precautionary principle in regulating artificial intelligence (AI) technologies:

In addressing the potential risks associated with artificial intelligence technologies, it is crucial that the State adhere to the precautionary principle, which requires the government to take preventive action in the face of uncertainty; shifts the burden of proof to those who want to undertake an innovation to show that it does not cause harm; and holds that regulation is required whenever an activity creates a substantial possible risk to health, safety, or the environment, even if the supporting evidence is speculative. In the context of artificial intelligence and products, it is essential to strike a balance between fostering innovation and safeguarding the well-being of the State’s residents by adopting and enforcing proactive and precautionary regulation to prevent potentially severe societal-scale risks and harms, require affirmative proof of safety by artificial intelligence developers, and prioritize public welfare over private gain.

The Hawaii bill would establish an office of artificial intelligence and regulation wielding the precautionary principle that would decide when and if any new tools employing AI could be offered to consumers.

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