Skip to main content

Schildkraut: How Chevron Impacts AI Regulation

July 8, 2024

Peter Schildkraut, co-leader of the firm’s Technology, Media & Telecommunications industry group, was recently quoted in the Bloomberg Law story, “AI Congressional Action Threatened by Supreme Court Chevron Blow.” The article examines how the U.S. Supreme Court’s recent decision to overturn the Chevron doctrine could affect federal legislation to regulate AI. Overturning Chevron subjects agency interpretations of ambiguous statutes to more second-guessing by courts, increasing pressure on Congress to draft legislation more precisely.

Schildkraut told Bloomberg Law that any AI legislation “Congress may adopt in the foreseeable future would have to be fairly general and, thus, open to interpretation. This technology is evolving too quickly for Congress to legislate in great detail if the law is to remain relevant for more than the blink of an eye.” However, Schildkraut noted that lawmakers could create AI legislation that explicitly grants federal agencies deference in rule-setting.

Read the full article.