ABSTRACT

This chapter explores the dual approach of policy-making and self-regulation in the governance of generative artificial intelligence (AI) within the United States, beginning with a 2023 initiative in which prominent United States (US) technology firms, Adobe, IBM, and Nvidia, along with industry leaders Amazon and Google, committed to self-regulating and enhancing AI safety standards. These actions, supported by the US government but not legally enforced, highlight a voluntary approach to AI governance to foster safe, secure, and transparent technological development. The effectiveness of existing US consumer data privacy regulations, as evidenced by Google's antitrust proceedings, reveals the challenges in safeguarding consumer interests and maintaining trust. To further illustrate these challenges, the chapter discusses allegations against OpenAI, a prominent AI research lab, for breaches of the European Union's General Data Protection Regulation (GDPR) and lawsuits for intellectual property theft, underscoring the complexities of self-regulation. Additionally, the author critically examines the US's reactive stance on AI regulation, contrasting it with the proactive regulatory frameworks of the European Union and the disparate approaches of other nations like India, Japan, and China. The US lags in developing timely and concrete AI policies, which is problematic given the rapid advancement of AI technologies and their profound societal implications. The chapter strongly advocates for an immediate, community-driven approach toward responsible AI utilization and regulation. The adequacy of industry-led self-regulation is questionable and underscores the necessity for comprehensive public policy that keeps pace with technological advancements to ensure public safety, privacy, and ethical practices in AI deployment. This analysis offers a critical perspective on the current state of AI governance, urging enhanced regulatory frameworks to address the complexities of a digitally evolving landscape effectively.