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Stanford FSI: Regulating Under Uncertainty

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Published by Stanford's Cyber Policy Center, this is a policy-oriented analysis aimed at lawmakers and regulators grappling with how to govern generative AI responsibly amid significant technical and social uncertainty.

Metadata

Importance: 62/100organizational reportanalysis

Summary

This Stanford FSI report examines governance frameworks for generative AI given deep uncertainty about its risks and capabilities. It analyzes various regulatory approaches and their tradeoffs, offering policymakers practical options for managing emerging AI risks without stifling innovation.

Key Points

  • Explores how regulators can act responsibly when the trajectory and risks of generative AI remain highly uncertain
  • Surveys multiple governance mechanisms including ex ante rules, liability frameworks, and adaptive regulatory structures
  • Addresses the challenge of regulating rapidly evolving technology before harms fully materialize
  • Considers tradeoffs between precautionary intervention and allowing beneficial AI development to proceed
  • Offers actionable policy recommendations tailored to different risk tolerance and institutional contexts

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# Regulating Under Uncertainty: Governance Options for Generative AI

![illustration of swooping lines intersecting](https://fsi9-prod.s3.us-west-1.amazonaws.com/s3fs-public/styles/480x430/public/2024-09/generative-ai-hero.png?h=8ce02a99&itok=8pa0zSyR)

REGULATING UNDER UNCERTAINTY: Governance Options for Generative AI

by Florence G'sell

- [DOWNLOAD FULL REPORT](https://fsi9-prod.s3.us-west-1.amazonaws.com/s3fs-public/2024-12/GenAI_Report_REV_Master_%20as%20of%20Dec%2012.pdf)

Image

![abstract image of lines swirling](https://fsi9-prod.s3.us-west-1.amazonaws.com/s3fs-public/styles/500xauto/public/2024-09/generative-ai-book-cover.png?itok=yHZyxlq9)

## **About the Report**

### 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 title of this report – “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.

### **Please note: This document is the revised second edition of the report, updated as of September 2024**.

![project liberty logo](https://fsi9-prod.s3.us-west-1.amazonaws.com/s3fs-public/styles/250xauto/public/2024-09/project-liberty.png?itok=3QjyOEud)

### _We are greatly indebted to the_ [_Project Liberty Institute_](https://www.projectliberty.io/institute/) _for their support of the Program on Governance of Emerging Technologies, which made this report possible_.

Executive Summary


[Executive Summary](https://cyber.fsi.stanford.edu/content/regulating-under-uncertainty-governance-options-generative-ai#executive-summary)

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 che

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