Skip to content
Search

Latest Stories

Follow Us:
Top Stories

We need to address the ‘pacing problem’ before AI gets out of control

Opinion

artificial intelligence

If we can use our regulatory imaginations, writers Frazier, "then there’s a chance that future surges in technology can be directed to align with the public interest."

Surasak Suwanmake/Getty Images

Frazier is an assistant professor at the Crump College of Law at St. Thomas University. He previously clerked for the Montana Supreme Court.

The "pacing problem" is the most worrying phenomenon you've never heard of but already understand. In short, it refers to technological advances outpacing laws and regulations. It's as easy to observe as a streaker at a football game.

Here's a quick summary: It took 30 years from the introduction of electricity for 10 percent of households to be able to turn on the lights; 25 years for the same percentage of Americans to be able to pick up the phone; about five years for the internet to hit that mark; and, seemingly, about five weeks for ChatGPT to spread around the world.

Ask any high schooler and they’ll tell you that a longer deadline will lead to a better grade. Well, what’s true of juniors and seniors is true of senators and House members – they can develop better policies when they have more time to respond to an emerging technology. The pacing problem, though, robs our elected officials of the time to ponder how best to regulate something like artificial intelligence: As the rate of adoption increases, the window for action shrinks.


A little more than a year out from the release of ChatGPT, it’s already clear that generative AI tools have become entrenched in society. Lawyers are attempting to use it. Students are hoping to rely on it. And, of course, businesses are successfully exploiting it to increase their bottom lines. As a result, any attempt by Congress to regulate AI will be greeted by an ever expanding and well-paid army of advocates who want to make sure AI is only regulated in a way that doesn’t inhibit their client’s use of the novel technology.

ChatGPT is the beginning of the Age of AI. Another wave of transformational technologies is inevitable. What’s uncertain is whether we will recognize the need for some regulatory imagination. If we stick with the status quo – governance by a Congress operated by expert fundraisers more so than expert policymakers – then the pacing problem will only get worse. If we instead opt to use our regulatory imaginations, then there’s a chance that future surges in technology can be directed to align with the public interest.

Regulatory imagination is like a pink pony – theoretically, easy to spot; in reality, difficult to create. The first step is to encourage our regulators to dream big. One small step toward that goal: Create an innovation team within each agency. These teams would have a mandate to study how the sausage is made and analyze and share ways to make that process faster, smarter and more responsive to changes in technology.

The second step would be to embrace experimentation. Congress currently operates like someone trying to break the home run record – they only take big swings and they commonly miss. A wiser strategy would be to bunt and see if we can get any runners in scoring position; in other words, Congress should lean into testing novel policy ideas by passing laws with sunset clauses. Laws with expiration dates would increase Congress’ willingness to test new ideas and monitor their effectiveness.

Third, and finally, Congress should work more closely with the leading developers of emerging technologies. Case in point, Americans would benefit from AI labs like OpenAI and Google being more transparent with Congress about what technology they plan to release and when. Surprise announcements may please stakeholders but companies should instead aim to minimize their odds of disrupting society. This sort of information sharing, even if not made public, could go a long way toward closing the pacing problem.

Technological “progress” does not always move society forward. We’ve got to address the pacing problem if advances in technology are going to serve the common good.


Read More

The robot arm is assembling the word AI, Artificial Intelligence. 3D illustration

AI has the potential to transform education, mental health, and accessibility—but only if society actively shapes its use. Explore how community-driven norms, better data, and open experimentation can unlock better AI.

Getty Images, sarawuth702

Build Better AI

Something I think just about all of us agree on: we want better AI. Regardless of your current perspective on AI, it's undeniable that, like any other tool, it can unleash human flourishing. There's progress to be made with AI that we should all applaud and aim to make happen as soon as possible.

There are kids in rural communities who stand to benefit from AI tutors. There are visually impaired individuals who can more easily navigate the world with AI wearables. There are folks struggling with mental health issues who lack access to therapists who are in need of guidance during trying moments. A key barrier to leveraging AI "for good" is our imagination—because in many domains, we've become accustomed to an unacceptable status quo. That's the real comparison. The alternative to AI isn't well-functioning systems that are efficiently and effectively operating for everyone.

Keep ReadingShow less
Government Cyber Security Breach

An urgent look at the risks of unregulated artificial intelligence—from job loss and environmental strain to national security threats—and the growing political battle to regulate AI in the United States.

Getty Images, Douglas Rissing

AI Has Put Humanity on the Ballot

AI may not be the only existential threat out there, but it is coming for us the fastest. When I started law school in 2022, AI could barely handle basic math, but by graduation, it could pass the bar exam. Instead of taking the bar myself, I rolled immediately into a Master of Laws in Global Business Law at Columbia, where I took classes like Regulation of the Digital Economy and Applied AI in Legal Practice. By the end of the program, managing partners were comparing using AI to working with a team of associates; the CEO of Anthropic is now warning that it will be more capable than everyone in less than two years.

AI is dangerous in ways we are just beginning to see. Data centers that power AI require vast amounts of water to keep the servers cool, but two-thirds are in places already facing high water stress, with researchers estimating that water needs could grow from 60 billion liters in 2022 to as high as 275 billion liters by 2028. By then, data centers’ share of U.S. electricity consumption could nearly triple.

Keep ReadingShow less
Posters are displayed next to Sen. Ted Cruz (R-TX) as he speaks at a news conference to unveil the Take It Down Act to protect victims against non-consensual intimate image abuse, on Capitol Hill on June 18, 2024 in Washington, DC.

A lawsuit against xAI over AI-generated deepfakes targeting teenage girls exposes a growing crisis in schools. As laws struggle to keep up, this story explores AI accountability, teen safety, and what educators and parents must do now.

Getty Images, Andrew Harnik

Deepfakes: The New Face of Cyberbullying and Why Parents, Schools, and Lawmakers Must Act

As a former teacher who worked in a high school when Snapchat was born, I witnessed the birth of sexting and its impact on teens. I recall asking a parent whether he was checking his daughter’s phone for inappropriate messages. His response was, “sometimes you just don’t want to know.” But the federal lawsuit filed last week against Elon Musk's xAI has put a national spotlight on AI-generated deepfakes and the teenage girls they target. Parents and teachers can’t ignore the crisis inside our schools.

AI Companies Built the Tool. The Grok Lawsuit Says They Own the Damage.

Whether the theory of French prosecutors–that Elon Musk deliberately allowed the sexualized image controversy to grow so that it would drive up activity on the platform and boost the company’s valuation–is true or not, when a company makes the decision to build a tool and knows that it can be weaponized but chooses to release it anyway, they are making a risk-based decision believing that they can act without consequence. The Grok lawsuit could make these types of business decisions much more costly.

Keep ReadingShow less
Sketch collage image of businessman it specialist coding programming app protection security website web isolated on drawing background.

Amazon’s court loss over Just Walk Out highlights a deeper issue: employers are increasingly collecting workers’ biometric data without meaningful consent. Explore the growing conflict between workplace surveillance, privacy rights, and outdated U.S. laws.

Getty Images, Deagreez

The Quiet Rise of Employee Surveillance

Amazon’s loss in court over its attempt to shield the source code behind its Just Walk Out technology is a small win for shoppers, but the bigger story is how employers are quietly collecting biometric data from their own workers.

From factories to Fortune 500 companies, employers are demanding fingerprints, palmprints, retinal scans, facial scans, or even voice prints. These biometric technologies are eroding the boundary between workplace oversight and employee autonomy, often without consent or meaningful regulation.

Keep ReadingShow less