How can Congress regulate AI? Erect guardrails, ensure accountability and address monopolistic power
IBM executive Christina Montgomery, cognitive scientist Gary Marcus and OpenAI CEO Sam Altman prepared to testify before a Senate Judiciary subcommittee. AP Photo/Patrick Semansky
A new federal agency to regulate AI sounds helpful but could become unduly influenced by the tech industry. Instead, Congress can legislate accountability.
Instead of licensing companies to release advanced AI technologies, the government could license auditors and push for companies to set up institutional review boards.
The government hasn’t had great success in curbing technology monopolies, but disclosure requirements and data privacy laws could help check corporate power.
OpenAI CEO Sam Altman urged lawmakers to consider regulating AI during his Senate testimony on May 16, 2023. That recommendation raises the question of what comes next for Congress. The solutions Altman proposed – creating an AI regulatory agency and requiring licensing for companies – are interesting. But what the other experts on the same panel suggested is at least as important: requiring transparency on training data and establishing clear frameworks for AI-related risks.
Another point left unsaid was that, given the economics of building large-scale AI models, the industry may be witnessing the emergence of a new type of tech monopoly.
As a researcher who studies social media and artificial intelligence, I believe that Altman’s suggestions have highlighted important issues but don’t provide answers in and of themselves. Regulation would be helpful, but in what form? Licensing also makes sense, but for whom? And any effort to regulate the AI industry will need to account for the companies’ economic power and political sway.
An agency to regulate AI?
Lawmakers and policymakers across the world have already begun to address some of the issues raised in Altman’s testimony. The European Union’s AI Act is based on a risk model that assigns AI applications to three categories of risk: unacceptable, high risk, and low or minimal risk. This categorization recognizes that tools for social scoring by governments and automated tools for hiring pose different risks than those from the use of AI in spam filters, for example.
The U.S. National Institute of Standards and Technology likewise has an AI risk management framework that was created with extensive input from multiple stakeholders, including the U.S. Chamber of Commerce and the Federation of American Scientists, as well as other business and professional associations, technology companies and think tanks.
Federal agencies such as the Equal Employment Opportunity Commission and the Federal Trade Commission have already issued guidelines on some of the risks inherent in AI. The Consumer Product Safety Commission and other agencies have a role to play as well.
Cognitive scientist and AI developer Gary Marcus explains the need to regulate AI.
Licensing auditors, not companies
Though OpenAI’s Altman suggested that companies could be licensed to release artificial intelligence technologies to the public, he clarified that he was referring to artificial general intelligence, meaning potential future AI systems with humanlike intelligence that could pose a threat to humanity. That would be akin to companies being licensed to handle other potentially dangerous technologies, like nuclear power. But licensing could have a role to play well before such a futuristic scenario comes to pass.
Algorithmic auditing would require credentialing, standards of practice and extensive training. Requiring accountability is not just a matter of licensing individuals but also requires companywide standards and practices.
Experts on AI fairness contend that issues of bias and fairness in AI cannot be addressed by technical methods alone but require more comprehensive risk mitigation practices such as adopting institutional review boards for AI. Institutional review boards in the medical field help uphold individual rights, for example.
Strengthening existing statutes on consumer safety, privacy and protection while introducing norms of algorithmic accountability would help demystify complex AI systems. It’s also important to recognize that greater data accountability and transparency may impose new restrictions on organizations.
Scholars of data privacy and AI ethics have called for “technological due process” and frameworks to recognize harms of predictive processes. The widespread use of AI-enabled decision-making in such fields as employment, insurance and health care calls for licensing and audit requirements to ensure procedural fairness and privacy safeguards.
Given the lack of transparency in the training data used by these companies, AI ethics experts Timnit Gebru, Emily Bender and others have warned that large-scale adoption of such technologies without corresponding oversight risks amplifying machine bias at a societal scale.
It is also important to acknowledge that the training data for tools such as ChatGPT includes the intellectual labor of a host of people such as Wikipedia contributors, bloggers and authors of digitized books. The economic benefits from these tools, however, accrue only to the technology corporations.
Proving technology firms’ monopoly power can be difficult, as the Department of Justice’s antitrust case against Microsoft demonstrated. I believe that the most feasible regulatory options for Congress to address potential algorithmic harms from AI may be to strengthen disclosure requirements for AI firms and users of AI alike, to urge comprehensive adoption of AI risk assessment frameworks, and to require processes that safeguard individual data rights and privacy.
If U.S. voters reelected Donald Trump hoping for relief from higher prices, his recent threats to impose tariffs on America’s three largest trade partners might make them think again.
While Canadaand Mexico negotiated monthlong reprieves on Monday, the new tariffs on China went into effect as expected Tuesday, Feb. 4. And while the ultimate shape of Trump’s tariff policy remains to be seen, the president warned that American consumers could feel “some pain” as a result.
U.S. consumers might be surprised to find out that almost every economic sector could be affected by this opening salvo of tariffs, should they go ahead in March. Imports from Mexico and Canada reached close to US$1 trillion in 2024, almost double the amount the U.S. imports from China.
Meanwhile, the 10% tariffs on Chinese goods will likely boost the price of electronics, and China has already imposed retaliatory measures. Trump has also proposed 25% tariffs on Taiwan and its semiconductor industry, in an attempt to push Taiwanese companies to invest more in U.S. manufacturing. If that tariff were to go into effect, prices for U.S. consumers would be even higher.
A tax by any other name …
Tariffs are an import tax. They’re passed through the supply chain in the form of higher prices and are eventually paid by consumers. Traditionally, governments have used tariffs as a fiscal tool to encourage businesses and consumers to move away from foreign-made products and support domestic businesses instead.
In theory, new tariffs could encourage foreign businesses to invest in the U.S. and make more stuff on American soil. Unfortunately, domestic manufacturing has seen a systemic decline since the 1980s, resulting in lower prices for consumers but severely limiting U.S.-produced products. In the short term, at least, import taxes on Canadian, Mexican and Chinese products would ultimately be paid by U.S. consumers.
Although this round of tariff threats may seem arbitrary to some, the Trump administration says it considers tariffs deeply intertwined with national security concerns. Stephen Miran, Trump’s pick to chair the president’s Council of Economic Advisers, has laid out a path for Trump’s tariff plan, which he says is aimed at putting American industry on fairer ground against the rest of the world.
In the long term, it’s unclear whether Trump’s threatened trade war will bring domestic manufacturing back to the U.S. and start a new industrial renaissance. In the meantime, American consumers will likely be stuck holding the bag.
Both Mexico and Canada managed to buy some time. After urgent phone calls with Trump on Feb. 3, their leaders each secured a one-month reprieve. But Mexico’s Claudia Sheinbaum and Canada’s Justin Trudeau also made it clear to their U.S. counterpart: If these tariffs go through, they’ll hit back with their own trade restrictions. The world is watching the opening moves of what could become another costly trade war.
As a professor of economics, I can explain why this poses significant risks to the U.S. economy and American consumers. Economic theory suggests that tariffs distort market efficiency, raising production costs while limiting consumer choice and increasing prices.
Who really pays for tariffs?
While politicians often frame tariffs as a way to punish other countries, they actually hit domestic consumers and businesses hardest. Whether they’re facing higher grocery bills or disruptions in manufacturing, Americans will feel the strain.
Worse yet, such measures commonly set off a cycle of retaliation. During past trade disputes involving the U.S., affected nations have responded with counter-tariffs on American products, including textiles, steel and agricultural goods. Such retaliatory efforts have led to sharp declines in U.S. exports.
History also shows that trade wars are self-defeating. The Smoot-Hawley Tariff Act of 1930, which imposed tariffs on over 20,000 imported goods, prompted swift retaliation from trading partners and contributed to deepening the Great Depression.
Modern trade wars have other consequences
Modern trade wars hit closer to home than most Americans realize. The recent tariff threat against Colombia reveals why. In 2023, Colombian farmers supplied US$1.14 billion worth of fresh-cut flowers to U.S. florists. In a near-crisis that lasted a weekend, Trump threatened to slap steep tariffs on the South American nation, right when flower shops across America were stocking up for one of their busiest seasons: Valentine’s Day.
The same tariffs would have hit Colombian coffee too, affecting everything from neighborhood cafes to grocery store prices. This shows how modern trade disputes can instantly disrupt the everyday purchases Americans make.
Other key trading partners, including the European Union, have also come into the crosshairs. On Jan. 30, 2025, the president issued a stark warning to Brazil, Russia, India, China and South Africa – the so-called BRICS nations – threatening 100% tariffs if they continued efforts to reduce reliance on the U.S. dollar as their reserve currency.
These threats can do more than alienate strategic partners; they risk accelerating dedollarization – pushing nations to develop alternative financial systems that weaken U.S. influence in global trade.
A more effective approach
Beyond causing immediate economic pain, constant tariff threats risk damaging America’s credibility as a reliable trading partner. The U.S. helped establish the rules-based international trading system, but regular tariff threats erode global trust and push trading partners to seek alternatives to the U.S. market.
I believe the path to maintaining America’s economic leadership lies in embracing a smarter, more strategic trade policy – one that builds alliances instead of breaking them. A strategy that prioritizes negotiation, fosters innovation and enhances competitiveness – and that doesn’t rely on protectionist tactics more often used by developing nations – would strengthen cooperation and stability, ensuring long-term economic prosperity.
theconversation.com – Jennifer Van Hook, Distinguished Professor of Sociology and Demography, Penn State – 2025-02-04 13:42:00
Who are immigrants to the US, where do they come from and where do they live?
Immigrants to the U.S. increasingly arrive like these people, seeking asylum at a formal border crossing, rather than trying to sneak across the border. Carlos Moreno/NurPhoto via Getty Images
Undocumented immigration is a key issue in American politics, but it can be hard to nail down the basic facts about who these immigrants are, where they live and how their numbers have changed in the past few decades.
The remaining 27% – around 13.7 million people – are outside those categories and therefore generally considered to be undocumented.
My analysis shows that the number of undocumented immigrants held steady at around 11 million between 2007 and 2019. In the next four years, the numbers increased by nearly 3 million. This recent growth is mostly attributable to large increases in border crossings by migrants from Central and South America who were seeking asylum or other forms of humanitarian relief. Starting in June 2024, however, the number of people entering across the U.S.-Mexico border fell back to normal levels when the Biden administration implemented the Secure the Border rule, which suspends asylum applications at the border when crossings reach a seven-day average of 2,500.
These changes were accompanied by changes in the undocumented migration process itself. In the past, undocumented immigrants often entered the country by slipping undetected across the U.S. border with Mexico. But increased border enforcement made the journey more dangerous and expensive.
Instead of paying smugglers or risking their lives in the desert, growing numbers of undocumented immigrants now either directly approach immigration officials at airports or land-border crossings and seek asylum in the U.S. Others are initially admitted to the country legally on a temporary tourist, student or work visa – but then overstay the time period for which they have permission.
Additionally, growing numbers of undocumented immigrants occupy what might be called a “liminal” or “in-between” status. The Migration Policy Institute analysis estimates this encompasses a range of groups as of the middle of 2023, including:
About 2.1 million people awaiting a decision on their asylum claims.
521,000 parolees, allowed into the U.S. for humanitarian or national security reasons, like those paroled recently from Afghanistan and Ukraine.
654,000 people who hold temporary protected status because it would be unsafe for them to return home due to armed conflict, natural disasters and other emergencies.
562,000 who are protected by the Deferred Action for Childhood Arrivals program because they were brought to the United States as children by their parents.
The report estimates that just over one-quarter of undocumented immigrants currently occupy this type of “in-between” status. These immigrants are protected from deportation. Some even have a legal right to work in the U.S. Yet they do not possess a durable legal immigration status, and their rights could be threatened by policy changes.
Since 1980, Mexicans have been the largest single national origin group in the United States. I found that 10.9 million Mexican-born individuals were living in the country in 2023, making up 23% of all immigrants. The second-largest group, immigrants from India, numbered just 2.9 million, or 6% of all immigrants living in the U.S.
However, immigrants’ origins have been shifting away from Mexico.
With the onset of the Great Recession of 2007-2009, work opportunities in U.S. construction and manufacturing evaporated. Many Mexican laborers had been working in construction at the time but went back to Mexico when the U.S. housing market collapsed.
This trend was especially pronounced among undocumented immigrants. I found that Mexicans made up about 51% of the undocumented immigrants who arrived in the country 10 or more years ago. Central Americans made up 20%, and the remaining originated from other regions.
However, undocumented migrants now come from across the globe. Among undocumented immigrants who arrived within the past 10 years, 19% came from Mexico. Larger shares came from Central America and South America. While some of these new migrants seek work, others flee crime, economic and ecological disasters, and political persecution in their home countries.
Duration of residence
Most immigrants, whether they are in the U.S. legally or illegally, have lived in the United States for many years. Just under half of foreign-born individuals have lived in the country for two decades or more, and more than two-thirds have lived in the country for at least 10 years. Only 20% arrived within the past five years.
This is a dramatic change from the early 2000s, when less than 10% of immigrants had been in the U.S. for more than two decades, and more than one-third had arrived within the previous five years.
That means many of the people who are likely to be targeted for deportation in the coming months are settled, long-term members of American society.
Place of residence
As of 2023, 6.6 million immigrants reported on the Census Bureau’s American Community Survey that they moved to the United States in the past five years.
However, the effects of these new immigrants on American communities has been uneven. Although most communities are more racially and ethnically diverse now than in the past, the numbers of newly arrived immigrants are relatively low in most places.
Fifteen states host fewer than 20,000 immigrants, and 33 states are home to fewer than 100,000. In contrast, over half of new arrivals live in just five states: California, Florida, Illinois, New York and Texas are the home of over half of new arrivals yet have only 37% of the U.S. population. Other states such as Georgia, Michigan, New Jersey, North Carolina, Pennsylvania and Washington also are home to large and growing immigrant populations.
The U.S. immigrant population is changing rapidly. In the early years of the 21st century, Mexican immigrants dominated undocumented immigration flows to the United States. Decades later, many of these people continue to live in the country.
In the past four years, however, the flow of undocumented people increased dramatically. These new arrivals tend to come from troubled nations in Central and South America, many of whom are protected from deportation and have a legal right to work in the U.S. Altogether, most undocumented immigrants either have lived in the country for decades or have legal protections.
Neither of these groups fit the profile of undocumented immigrants who are typically targeted for deportation.
