Every few months someone in Washington says America needs a new law to regulate artificial intelligence. Some proposals target today’s chatbots and hiring tools. Others talk about “superintelligence,” systems that might one day outthink us.
I’ve worked in governance, risk and compliance for a long time, and I’ll be honest with you. I don’t think we need a new AI statute. Not because AI is harmless, but because the harms people worry about are already against the law.
Fraud is illegal. Discrimination is illegal. Misusing personal data is illegal. Hiding a breach from investors is illegal. None of that changes because a computer model made the decision instead of a person.
Regulate the conduct, not the tool
American law has a long habit of going after what people do, not the tools they use. We didn’t pass a “spreadsheet act” when businesses moved their books onto computers. Wire fraud was already wire fraud.
AI is the same. A misleading claim is deceptive whether a marketing team wrote it or a model did. A lending decision that shuts out a protected group is discriminatory whether a loan officer made it or an algorithm did.
The Federal Trade Commission has used Section 5 of the FTC Act against companies that overstated their AI, used biased facial recognition, and trained models on data they had no right to use. In some cases it ordered the models deleted. When the FTC announced a sweep of AI cases in September 2024, then Chair Lina Khan said: