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In the past few years, hype surrounding artificial intelligence (AI) and machine learning (ML) has reached a fever pitch. From newspapers to academic journals, it’s nearly impossible to avoid predictions of either the technology’s boundless potential or its catastrophic effects. Moreover, use of AI/ML is no longer limited to tech companies or the private sector: In 2020, a report prepared for the Administrative Conference of the United States documented “157 [AI/ML] use cases across 64 agencies.” And just this year, the Department of Government Efficiency released a custom AI chatbot to 1,500 federal employees.
I. Background
A. Intro to ML
B. Existing Scholarship
C. Case Studies
II. Legal Analysis
A. Doctrinal Overview
B. Why ML Rulemaking Can Comply
C. Challenges with ML Rulemaking
III. Potential Solutions
Conclusion
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