Artificial Intelligence (AI) Regulation: Lessons from Social Media. Charlie Gainey, Intern, Bates College.

Introduction. As artificial intelligence (AI) advances and permeates various aspects of our lives, the question of how to regulate it becomes increasingly pertinent. To chart the best course for AI regulation, it is essential to learn from past experience with other emerging technologies. In this regard, social media platforms offer valuable lessons on what works and what does not when it comes to developing a legal framework for innovation. In this blog post, we explore four key lessons from social media regulation that can guide the path to regulating AI. 

1. Congress Needs to Be More Tech-Savvy. One of the most significant challenges in regulating social media was the apparent lack of technical understanding among policymakers. During the 2018 Senate hearing with Facebook CEO Mark Zuckerberg, many senators appeared unable to ask informed questions about the company's data privacy practices (Lapowsky, 2018). This lack of tech-savvy hindered effective regulation, as many lawmakers were unable to grasp the intricacies of the industry.

As AI becomes more sophisticated, especially in the realm of generative AI, it is crucial that policymakers possess a deep understanding of the technology in order to develop effective regulations. To achieve this, Congress should invest in regular technical training sessions and seek advice from AI experts. By increasing their technical knowledge, Congress will be better equipped to address the complex challenges posed by AI. 

2. The Regulatory Process Needs to Start Earlier. Social media platforms, like Facebook and Twitter, had already gained significant market power and influence before lawmakers started considering comprehensive regulation. For instance, the Honest Ads Act was introduced in 2017, more than a decade after Facebook's inception (S.1989 - 115th Congress, 2017). The late start of the regulatory process made it difficult to rein in the uncontrolled growth and negative consequences of social media platforms. 

To avoid repeating this mistake, the regulatory process for AI should begin as early as possible. Policymakers should proactively engage with AI stakeholders, including developers, researchers, and users, to understand the potential risks and benefits of the technology. Early engagement will help establish a regulatory framework that can evolve alongside AI advancements, mitigating potential harms and promoting responsible innovation. 

3. We Need to Continue Enforcing Antitrust Laws. In recent years, antitrust enforcement has become a focal point in regulating social media platforms. For example, in 2020, the Federal Trade Commission (FTC) and 48 states filed separate antitrust lawsuits against Facebook, alleging that the company stifled competition through acquisitions and other practices (FTC, 2020). These actions highlight the importance of antitrust enforcement in maintaining a competitive marketplace and curbing the monopolistic tendencies of tech giants. 

As AI technology advances, the risk of market concentration and monopolistic behavior increases. To prevent this, antitrust laws must be enforced and, if necessary, updated to address the unique challenges posed by AI. This will ensure a level playing field for companies and promote competition, ultimately leading to more innovative and diverse AI solutions. 

4. We Need to Be Extra Attentive to Racial and Social Equity. Social media platforms have been criticized for perpetuating racial and social inequalities through biased algorithms, hate speech, and misinformation. For instance, Facebook faced backlash in 2018 for enabling discriminatory ad targeting, which allowed advertisers to exclude users based on race, religion, and other protected categories (Angwin et al., 2018). This highlights the need for regulations that prioritize racial and social equity to prevent technology from reinforcing existing disparities. 

As AI systems become more widespread, it is essential to develop regulations that address potential biases and promote racial and social equity. Policymakers should collaborate with AI developers, ethicists, and community representatives to identify and mitigate any discriminatory effects of AI algorithms. Additionally, AI regulations should emphasize transparency and accountability, ensuring that AI systems adhere to principles of fairness and inclusivity. 

Conclusion. Experience with social media regulation provides essential lessons for the future of AI regulation. By adopting a tech-savvy approach, initiating the regulatory process earlier, enforcing antitrust laws, and ensuring equitable practices across platforms, policymakers can develop a robust framework that fosters responsible AI innovation while mitigating potential risks. 

References 

FTC. (2020). FTC Sues Facebook for Illegal Monopolization. Federal Trade Commission. https://www.ftc.gov/news-events/press-releases/2020/12/ftc-sues-facebook-illegal-monopoly

Lapowsky, I. (2018). The Senate hearing on Facebook showed that nobody knows anything. Wired. https://www.wired.com/story/zuckerberg-hearing-congress-tech-ignorance/ 

S.1989 - Honest Ads Act, 115th Congress (2017-2018). (2017). Congress.gov. https://www.congress.gov/bill/115th-congress/senate-bill/1989 

Angwin, J., Tobin, A., & Varner, M. (2018). Facebook (still) letting housing advertisers exclude users by race. ProPublica. https://www.propublica.org/article/facebook-advertising-discrimination-housing-race-sex-national-origin