Senators Propose a Licensing Agency For AI and Other Digital Things

Anna Lenhart is a Policy Fellow at the Institute for Data Democracy and Politics at The George Washington University. Previously she served as a Technology Policy Advisor in the US House of Representatives. Sen. Elizabeth Warren (D-MA) and Sen. Lindsey Graham (D-SC). Composite of photos from Wikimedia. On July 27th, Senator Elizabeth Warren (D-MA) and Senator Lindsey Graham (R-SC) introduced the Digital Consumer Protection Commission Act of 2023. The 158-page proposal would create a new federal agency, structured as a commission, to “regulate digital platforms, including with respect to competition, transparency, privacy, and national security.” The scope and provisions of the law are vast and span competition reform, transparency of content moderation decisions and data protections. Many of the policies are similar to ideas from previous legislation, with the notable exception of Title VI which creates an Office of Licensing for Dominant Platforms. Licensing, or the idea that products should be reviewed or certified before entering the consumer market, is not new. AI ethicists have discussed an “FDA for AI” for as long as I have been working in the field, and the idea attracted renewed attention from OpenAI CEO Sam Altman and NYU professor Gary Marcus at a May Senate Judiciary subcommittee hearing. But the proposal from Senators Warren and Graham is the first outline for such an agency.  How would it work? First, it’s important to mention that only dominant platforms defined under Title 1, Subtitle B would need to obtain a license to operate. The definition of…Senators Propose a Licensing Agency For AI and Other Digital Things