Skip to content
Search

Latest Stories

Top Stories

AI Is Here. Our Laws Are Stuck in the Past.

Opinion

Closeup of Software engineering team engaged in problem-solving and code analysis

Closeup of Software engineering team engaged in problem-solving and code analysis.

Getty Images, MTStock Studio

Artificial intelligence (AI) promises a future once confined to science fiction: personalized medicine accounting for your specific condition, accelerated scientific discovery addressing the most difficult challenges, and reimagined public education designed around AI tutors suited to each student's learning style. We see glimpses of this potential on a daily basis. Yet, as AI capabilities surge forward at exponential speed, the laws and regulations meant to guide them remain anchored in the twentieth century (if not the nineteenth or eighteenth!). This isn't just inefficient; it's dangerously reckless.

For too long, our approach to governing new technologies, including AI, has been one of cautious incrementalism—trying to fit revolutionary tools into outdated frameworks. We debate how century-old privacy torts apply to vast AI training datasets, how liability rules designed for factory machines might cover autonomous systems, or how copyright law conceived for human authors handles AI-generated creations. We tinker around the edges, applying digital patches to analog laws.


This constant patching creates what we might call "legal tech debt." Imagine trying to run sophisticated AI software on a computer from the 1980s—it might technically boot up, but it will be slow, prone to crashing, and incapable of performing its intended function. Similarly, forcing AI into legal structures designed for a different technological era means we stifle its potential benefits while failing to adequately manage its risks. Outdated privacy rules hinder the development of AI for public good projects; ambiguous liability standards chill innovation in critical sectors; fragmented regulations create uncertainty and inefficiency.

Allowing this legal tech debt to accumulate isn't just about missed opportunities; It breeds public distrust when laws seem irrelevant to lived reality. It invites policy chaos, as seen with the frantic, often ineffective, attempts to regulate social media after years of neglect. It risks a future where transformative technology evolves haphazardly, governed by stopgap measures and reactive panic rather than thoughtful design. With AI, the stakes are simply too high for such recklessness.

We need a fundamentally different approach. Instead of incremental tinkering, we need bold, systemic change. We need to be willing to leapfrog—to bypass outdated frameworks and design legal and regulatory systems specifically for the age of AI.

What does this leapfrog approach look like? It requires three key shifts in thinking:

First, we must look ahead. Policymakers and experts need to engage seriously with plausible future scenarios for AI development, learning from the forecasting methods used by technologists. This isn’t about predicting the future with certainty but about understanding the range of possibilities—from accelerating breakthroughs to unexpected plateaus—and anticipating the legal pressures and opportunities each might create. We need to proactively identify which parts of our legal infrastructure are most likely to buckle under the strain of advanced AI.

Second, we must embrace fundamental redesign. Armed with foresight, we must be willing to propose and implement wholesale reforms, not just minor rule changes. If AI requires vast datasets for public benefit, perhaps we need entirely new data governance structures—like secure, publicly accountable data trusts or commons—rather than just carving out exceptions to FERPA or HIPAA. If AI can personalize education, perhaps we need to rethink rigid grade-based structures and accreditation standards, not just approve AI tutors within the old system. This requires political courage and a willingness to question long-held assumptions about how legal systems should operate.

Third, we must build in adaptability. Given the inherent uncertainty of AI’s trajectory, any new legal framework must be dynamic, not static. We need laws designed to evolve. This means incorporating mechanisms like mandatory periodic reviews tied to real-world outcomes, sunset clauses that force reconsideration of rules, specialized bodies empowered to update technical standards quickly, and even using AI itself to help monitor the effectiveness and impacts of regulations in real-time. We need systems that learn and adapt, preventing the accumulation of new tech debt.

Making this shift won't be easy. It demands a new level of ambition from our policymakers, a greater willingness among legal experts to think beyond established doctrines, and broader public engagement on the fundamental choices AI presents. But the alternative—continuing to muddle through with incremental fixes—is far riskier. It’s a path toward unrealized potential, unmanaged risks, and a future where technology outpaces our ability to govern it wisely.

AI offers incredible possibilities but realizing them requires more than just brilliant code. It requires an equally ambitious upgrade to our legal and regulatory operating system. It’s time to stop patching the past and start designing the future. It’s time to leapfrog.

Kevin Frazier is an AI Innovation and Law Fellow at Texas Law and Author of the Appleseed AI substack.


Read More

An illustration of a block with the words, "AI," on it, surrounded by slightly smaller caution signs.

Efficient AI may not mean less energy. The Jevons paradox shows why demand can grow, and why no one can say yet where AI’s real limits will be.

Getty Images, J Studios

The People Selling You the Future Don’t Know It Either

Artificial Intelligence is everywhere and can no longer be avoided. Will there ever be a ceiling for the expansion of this technology? AI companies are not just selling software. The story about the inevitability that AI will have in transforming work, education, medicine, art, government, and daily life is much more profitable. People must accept the transformation or be left behind. They are selling behind a mask of certainty.

The court of public opinion on AI has concluded that this technology is too energy-consuming for the benefits it allegedly brings and the ways many people use it. Therefore, companies have shifted their agendas to presenting efficiency as a solution to the technology’s enormous need for power. Smaller, better models and chips, and more efficient data centers may reduce the energy required for a single text-based request or generated image. If those improvements make AI cheaper to use, it will be invited into more daily life right?

Keep ReadingShow less
AI chip
a computer chip with the letter a on top of it
Photo by Igor Omilaev on Unsplash

We Should Regulate AI to Make It Grow Faster

The debate over artificial intelligence has become divided between two powerful ideas: that we need a “moratorium” to slow AI until we can make it safe, and that regulating AI will slow the innovation we need for our economy and national security. Both concerns are legitimate. But “moratorium” and “slowing AI growth” are divisive terms: they reassure those concerned about AI's safety, economic and environmental consequences while alarming those who see AI competition and national security as urgent priorities. We need a different starting point—meaningful regulation that provides the safeguards necessary to protect people, communities and the environment while creating the conditions for AI to continue growing. The experiences of Europe and China challenge the assumption that regulation must slow AI.

China has combined increasingly detailed, technology-specific AI regulation with substantial government support for AI development. Recent studies provide evidence that this approach can promote innovation. One 2026 study of Chinese companies from 2017 through 2023 found that the creation of national AI innovation and development pilot zones significantly increased corporate digital transformation, in part through increased research and development, human capital and reduced transition costs. Another 2026 study, covering Chinese manufacturing companies from 2014 through 2024, found that the same policy significantly promoted the adoption of intelligent technologies.

Keep ReadingShow less
person reading a computer screen
man using computer inside room

Student-Led AI Initiative Aims to Tackle Misinformation

PRINCETON JUNCTION, NJ — As generative artificial intelligence reshapes the digital landscape, a New Jersey student researcher is using the technology to combat media bias. Shaurya Jindal, an AI researcher and student at West Windsor-Plainsboro High School South, has launched Cogito News, an educational platform designed to build modern media literacy skills.

Cogito News was founded in response to growing concerns about partisan framing and selective sourcing in contemporary journalism. Recognizing that cognitive biases often influence how news is packaged and consumed, Jindal sought to build a tool that helps users critically evaluate the information they encounter daily. The platform's real-world impact and timely relevance were highlighted when Jindal was my guest on The Fulcrum Democracy Forum, an interview series dedicated to civic renewal and examining innovative approaches to strengthening democratic systems.

Keep ReadingShow less
An aerial view of a Flock camera

An aerial view of a Flock camera in Burbank, California. U.S. President Donald Trump expressed support for Flock cameras, saying he likes the AI-powered surveillance technology because of its use by law enforcement, despite concerns that it infringes on privacy.

(Photo by Justin Sullivan/Getty Images)

Flock Cameras Are Coming Down – but We Need More To Dismantle the Surveillance State

Chances are, you’ve seen one in your neighborhood. Flock cameras have become a major flashpoint for voters in the leadup to the midterms. The concept sounds straight out of 1984 — a network of government-owned cameras that track your movements — it’s no wonder that Americans across party lines are demanding their states and towns sever ties with the controversial company. Surveillance fears are only getting stronger as we enter the AI era.

But the problem isn’t just Flock. These cameras, Automated License Plate Readers or ALPRs to be exact, are a symptom of a larger “surveil first, ask questions later” attitude that has been adopted by local and federal government for decades. In recent years, the federal government has been dramatically expanding the nation’s surveillance infrastructure. This has taken many forms, from facial recognition technology at the airport, to law enforcement monitoring your mail, to the government watching what you’re posting on your personal social media pages. Since April, many Democrats and Republicans in Congress have united to stop what would effectively be a blank check for surveillance via FISA reauthorization, demanding surveillance reforms such as closing the “data broker loophole”, which allows the government to buy Americans’ personal data without a warrant.

Keep ReadingShow less