[REPORT] Regulating Under Uncertainty: Governance Options for Generative AI

The title of the report by Florence G’sell published by Stanford Cyber Policy Center – “Regulating Under Uncertainty: Governance Options for Generative AI” – seeks to convey the unprecedented position of governments as they confront the regulatory challenges AI poses. Regulation is both urgently needed and unpredictable. It also may be counterproductive, if not done well. However, governments cannot wait until they have perfect and complete information before they act, because doing so may be too late to ensure that the trajectory of technological development does not lead to existential or unacceptable risks. The goal of this report is to present all of the options that are “on the table” now with the hope that all stakeholders can begin to establish best practices through aggressive information sharing. The risks and benefits of AI will be felt across the entire world. It is critical that the different proposals emerging are assembled in one place so that policy proponents can learn from one another and move ahead in a cooperative fashion.

Executive Summary

The revolution underway in the development of artificial intelligence promises to transform the economy and all social systems. It is difficult to think of an area of life that will not be affected in some way by AI, if the claims of the most ardent of AI cheerleaders prove true. Although innovation in AI has occurred for many decades, the two years since the release of ChatGPT have been marked by an exponential rise in development and attention to the technology. Unsurprisingly, governmental policy and regulation has lagged behind the fast pace of technological development. Nevertheless, a wealth of laws, both proposed and enacted, have emerged around the world. The purpose of this report is to canvas and analyze the existing array of proposals for governance of generative AI.