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Hawley, Blumenthal Negotiate

Schumer, AI Working Group Not Rushing to File Legislation

The AI working group led by Sen. Chuck Schumer, D-N.Y., won’t rush to introduce legislation, members of the group told us after their second Senate AI briefing (see 2307110049).

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Nearly 60 senators attended Tuesday’s briefing on AI’s national security implications, Sen. Mike Rounds, R-S.D., told us. About 70 attended the first. Rounds is working with Schumer and Sens. Martin Heinrich, D-N.M., and Todd Young, R-Ind., on a legislative process for AI regulation (see 2306210065). “Ideas are floating around, but nobody’s in a real big hurry,” said Rounds. It’s good the group isn’t focused on specific legislation yet, he said: “What that says is that it’s not an emergency.”

We’re making progress,” said Heinrich. Right now the group is focused on having an open process for legislation through regular order, he said: “I think the idea is to kind of emulate what we did on the Chips and Science Act in the last Congress.” Schumer worked closely with Young to find bipartisan consensus on much of the Chips package (see 2208090062).

The group is still in the “member education and information-gathering stage,” said Young. He noted that members outside the group have introduced specific proposals on various aspects of AI. Sens. Josh Hawley, R-Mo., and Richard Blumenthal, D-Conn., introduced the No Section 230 Immunity for AI Act in June. That bill clarifies that Communications Decency Act Section 230 doesn’t immunize companies against legal claims against the impacts of generative AI. Hawley told us last week to expect other AI proposals from him and Blumenthal. Blumenthal told us he’s working on putting together a framework for potentially comprehensive regulation of AI. “This issue is more urgent than ever,” Blumenthal said.

Senate Judiciary Committee ranking member Lindsey Graham, R-S.C., told us he continues to work with Sen. Elizabeth Warren, D-Mass., on legislation, which has evolved over several months (see 2209120059 and 2209160053). The two sides initially discussed creating a new tech regulator with broad jurisdiction. Graham has taken the opportunity to inject the legislative proposal into the current AI conversation (see 2305160074). There needs to be a commission that puts “guardrails” on AI technology, he told us last week, saying he’s particularly focused on AI’s impact on elections. The AI community shouldn’t be granted blanket legal immunity like the tech industry enjoys under Section 230, said Graham. Asked if the bill with Warren will take weeks or months, Graham said it’s going to take a “longer time” to “get it right.”

That Schumer’s AI briefing was “well-attended” is “encouraging,” said Senate Homeland Security Committee Chairman Gary Peters, D-Mich. He said his committee will continue to mark up AI-related legislation, as it’s done in recent years. Senate Intellectual Property Subcommittee ranking member Thom Tillis, R-N.C., told us his panel is focused on issues related to the creative community and IP. Tillis noted that his subcommittee first started exploring the issue in December.

Heinrich said the briefings are intended to ensure the Senate has access to “specialized information.” During the second briefing, members learned about U.S. AI capabilities and how adversaries like China are using AI, said Rounds. He’s focused on protecting privacy, promoting transparency and enhancing AI development, particularly for national defense.