Trump's victory could herald significant changes for the AI industry. Trump has repeatedly stated that he plans to dismantle Biden's AI policy framework on "day one" and align with forces that harshly criticize all regulators except the most lenient ones.
Biden's AI policy came into effect through the executive order "Executive Order on Artificial Intelligence" passed in October 2023. The order covers everything from promoting AI development in healthcare to establishing guidelines aimed at reducing the risk of intellectual property theft.
However, Trump's allies criticize the order's reporting requirements as overly cumbersome, effectively forcing companies to disclose their trade secrets. They also equate NIST's work on AI with censorship of conservative speech.
Image source: The image was generated by AI, provided by Midjourney, an image licensing service.
Trump has promised to develop policies for "AI advancement based on freedom of speech and human prosperity," but has refused to provide details. Some Republicans say they want NIST to focus on the physical security risks of AI, including its ability to assist adversaries in manufacturing biological weapons.
Trump's victory may signal a lax regulatory regime—one that will rely on the application of existing laws rather than the creation of new ones. However, this could encourage state governments, especially Democratic strongholds like California, to attempt to fill the void.
State-led efforts are progressing smoothly. In March, Tennessee passed a law protecting voice actors from AI cloning. This summer, Colorado adopted a layered, risk-based approach to AI deployment. In September, California Governor Gavin Newsom signed dozens of AI-related security bills, some of which require companies to disclose detailed information about their AI training.
Just this year, national policymakers have proposed nearly 700 pieces of AI legislation. Trump's protectionist policies could impact AI regulation. He is expected to impose stricter export controls on China, including those on technologies necessary for AI development.
Previously, the Biden administration had already implemented several export bans on AI chips and models. But reports suggest that some Chinese companies are exploiting loopholes to access these tools through cloud services.
"Despite the current situation demanding enhanced global cooperation, the new control measures will lead to a more authoritarian and oppressive use of AI worldwide," said Ekbia. "This will have significant political and geopolitical implications, leading to a more authoritarian and oppressive use of AI globally."
Additionally, Sandra Wachter, Professor of Data Ethics at the Oxford Internet Institute, calls on regulators, regardless of their political stance, not to overlook the opportunities and dangers posed by AI.
"No matter where you stand on the political spectrum, these risks exist," she said. "These harms are not confined by geography or partisan boundaries. I can only hope that AI governance does not become a partisan issue—it is a problem that affects us all, everywhere. We must all work together to find good global solutions."