Comment by PaulDavisThe1st
1 year ago
> "Congress should have used more precise language rather than deferring to the supposed "expertise" of members of the administration in order to establish the artificiality of AI"
- SCOTUS, in a judgement not yet issued or rendered (and thus currently wholly imagined by me).
>"I ctrl-F'ed the document and didn't find the phrase "AI" or "Artificial Intelligence". Overruled."
- Strict textualist judge that really loves his new RV.
OK, I normally don't trick LLMs into lying or paste their leavings here, but enjoy:
> Here are some potential counterfactual arguments that the Chevron doctrine does not allow the FCC from regulating AI robocalls:
- The Communications Act of 1934, which gives the FCC authority to regulate communications by wire and radio, does not explicitly grant the FCC authority to regulate AI technology. Since AI was not envisioned at the time the Act was passed, one could argue that Congress did not intend to delegate regulatory authority over AI to the FCC. Therefore, the FCC's regulation of AI robocalls would fail the first step of the Chevron test as not being in accordance with clear congressional intent.
- Even if one argues that the FCC's authority to regulate "communications by wire and radio" could be broadly interpreted to include AI communications technologies, the FCC's specific regulation of AI robocalls could still be seen as an unreasonable interpretation of the Act under the second step of Chevron. Given the lack of explicit mention of AI in the Act, a court may find that the FCC's assertion of authority to regulate AI robocalls through additional restrictions beyond what applies to standard robocalls is an unreasonable stretch of its delegated authority.
- The nature of AI technologies is such that they raise novel issues that were not contemplated at the time of the Communications Act. Heavy-handed regulation of emerging AI technologies by the FCC without clear congressional authorization could stifle innovation. Under these circumstances, one could argue that deference to the FCC's interpretation of its authority is unwarranted.
- Kagi FastGPT