- JungHoon Lee
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- 2025-01-18
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- AI Policy
Abstract
As artificial intelligence (AI) increasingly permeates every sector of society, the need for comprehensive regulatory frameworks becomes ever more pressing. Yet, in the United States, a cohesive, effective regulatory regime for AI remains conspicuously absent. This article examines the multifaceted reasons behind this regulatory gap—ranging from the prevailing free-market ideology and corporate lobbying to the broader geopolitical competition with China. By exploring the interplay between domestic policy inertia and international strategic pressures, this analysis provides insight into how geopolitics and China’s state-led approach to AI are reshaping the global discourse on technological governance.
Introduction
Artificial intelligence is no longer a futuristic concept but a current reality that impacts industries such as healthcare, finance, transportation, and national security. Despite the transformative potential of AI, concerns about bias, privacy, accountability, and ethical implications persist. While some regions, notably the European Union, have taken proactive steps toward regulating AI, the United States has yet to establish a comprehensive framework. Scholars and policymakers alike have pointed to a combination of ideological, economic, and geopolitical factors that contribute to this regulatory vacuum.
This article explores why the United States has not yet implemented robust AI regulation, with particular attention to the role of geopolitics and China’s ascendancy in shaping the American policy landscape. By situating domestic regulatory inaction within a broader international context, this discussion highlights how global power dynamics and strategic considerations influence national policy choices.
The U.S. Regulatory Landscape: Ideological and Structural Barriers
A Tradition of Minimal Regulation
The United States has long favored a market-driven approach to innovation, with regulatory frameworks designed to be as unobtrusive as possible to promote technological progress. This ideology is rooted in the belief that minimal government intervention fosters entrepreneurship and maintains the competitive edge of American businesses. In the realm of AI, this ethos has resulted in a regulatory environment characterized by voluntary guidelines and self-regulation rather than binding legal standards (Crawford & Calo, 2016).
Fragmentation and Bureaucratic Inertia
Unlike the European Union’s centralized strategy, U.S. AI policy is fragmented across federal agencies, state governments, and industry associations. Initiatives such as the National AI Initiative Act of 2020 and guidelines from the National Institute of Standards and Technology (NIST) provide a framework for research and development but stop short of comprehensive regulation (Executive Office of the President, 2021). This patchwork approach reflects bureaucratic inertia, where inter-agency coordination is hampered by differing priorities and jurisdictional boundaries.
Corporate Influence and Lobbying
A significant factor impeding regulatory progress in the United States is the influence of corporate interests. Major technology companies, which are at the forefront of AI innovation, exert substantial lobbying power to shape policy in ways that favor continued innovation over strict regulatory oversight. This corporate influence often results in policies that prioritize economic competitiveness and technological leadership over robust ethical safeguards (Calo, 2017). The prevailing notion is that excessive regulation could stifle innovation and undermine the global competitiveness of American tech firms.
Geopolitical Competition and the Shadow of China
The Rise of China’s State-Led Model
China has emerged as a formidable competitor in the global AI race, underpinned by a state-driven model that emphasizes rapid development, centralized control, and strategic national objectives. Chinese policies, such as the Next Generation Artificial Intelligence Development Plan, integrate AI advancements into broader goals of economic growth and national security (China State Council, 2017). This aggressive approach has placed significant pressure on the United States to maintain its technological preeminence.
Geopolitical Pressures and National Security Concerns
The geopolitical rivalry between the United States and China extends deeply into the domain of AI. American policymakers are increasingly aware that falling behind in AI capabilities could have severe implications for national security and global influence. This strategic competition creates a paradox: while robust regulation might address ethical concerns domestically, it could also slow down innovation and potentially cede technological leadership to China. As one analyst has noted, the fear of losing ground in the global AI race can lead to regulatory hesitancy (Vincent, 2020).
The Strategic Calculus: Innovation Versus Regulation
The interplay between innovation and regulation is further complicated by the global strategic environment. The United States’ reluctance to impose strict AI regulations can be seen as a calculated move to preserve its competitive edge against China. In contrast, China’s centralized, state-led approach allows for rapid policy shifts and coordinated investments in AI research and development. This dichotomy highlights a broader geopolitical dynamic: while Western democracies debate the merits of regulatory oversight, China leverages its model to secure a leading position in emerging technologies. The urgency of this competition discourages the United States from adopting measures that might hinder its domestic tech sector, even if such measures are necessary to ensure ethical and accountable AI deployment (National Security Commission on Artificial Intelligence, 2021).
Implications for Global AI Governance
Regulatory Divergence and the Risk of a “Race to the Bottom”
The divergent approaches to AI regulation between the United States and other major powers, particularly the European Union and China, pose significant challenges for global AI governance. The absence of a unified regulatory framework increases the risk of a “race to the bottom,” where jurisdictions compete to offer the most lenient regulatory environments in order to attract investment and maintain competitive advantages. This fragmentation can undermine international efforts to establish common ethical standards and accountability measures for AI systems.
The Need for International Collaboration
In the face of these challenges, there is a growing consensus among policymakers and scholars on the necessity of international cooperation. Multilateral initiatives, such as those spearheaded by the OECD and UNESCO, aim to create a common framework for AI ethics that transcends national boundaries (OECD, 2019; UNESCO, 2021). However, achieving such collaboration is complicated by the stark differences in regulatory philosophies and geopolitical ambitions between the United States and China. Bridging this divide will require sustained dialogue and mutual concessions, with an emphasis on shared global values such as human rights, transparency, and accountability.
Conclusion
The lack of comprehensive AI regulation in the United States can be attributed to a confluence of ideological, structural, and geopolitical factors. The nation’s tradition of minimal government intervention, coupled with powerful corporate lobbying and a fragmented regulatory landscape, has hindered the development of a cohesive policy framework. Simultaneously, the geopolitical pressures arising from China’s state-led approach to AI have created a strategic imperative for the United States to prioritize innovation over regulation.
As global competition in AI intensifies, the need for robust regulatory measures that balance ethical considerations with national security and economic competitiveness becomes ever more urgent. The United States faces a formidable challenge: crafting a regulatory strategy that not only addresses domestic ethical concerns but also positions the country as a leader in shaping global AI governance. Achieving this balance will require bold policy initiatives, enhanced inter-agency coordination, and a willingness to engage in international dialogue aimed at harmonizing standards across borders.
In this era of rapid technological change and geopolitical rivalry, the future of AI regulation in the United States—and indeed, around the world—will depend on our collective ability to navigate the complex interplay between innovation, ethics, and national strategy.
References
- Calo, R. (2017). Artificial Intelligence Policy: A Primer and Roadmap. UCLA Law Review, 64, 1–27.
- China State Council. (2017). Next Generation Artificial Intelligence Development Plan. Retrieved from http://www.gov.cn/zhengce/content/2017-07/20/content_5211996.htm
- Crawford, K., & Calo, R. (2016). There is a blind spot in AI research. Nature, 538(7625), 311–313.
- Executive Office of the President. (2021). National AI Initiative Act of 2020. Retrieved from https://www.whitehouse.gov/ai/
- National Security Commission on Artificial Intelligence. (2021). Final Report. Retrieved from https://www.nsai.gov/
- OECD. (2019). OECD Principles on Artificial Intelligence. Retrieved from https://www.oecd.org/going-digital/ai/principles/
- UNESCO. (2021). Recommendation on the Ethics of Artificial Intelligence. Retrieved from https://unesdoc.unesco.org/ark:/48223/pf0000377897
- Vincent, J. (2020). US Fears of Losing the AI Race With China Intensify. The Verge. Retrieved from https://www.theverge.com/2020/
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