Artificial intelligence (AI) has become one of the most talked-about technologies in recent years, and with good reason. Its rapid development is reshaping industries, from healthcare and education to national security and the workforce. But with such power comes the need for regulation, especially when AI’s applications start to impact the fundamental rights and freedoms of individuals.

Right now, Congress is wrestling with this very issue. There are currently more than 120 AI-related bills on the table. These bills span a wide range of issues, some highly technical, others focused on protecting consumers, and a few aiming to mitigate existential risks.

As Scott J. Mulligan explains in his recent article for MIT Technology Review, the legislation varies considerably in scope. For instance, one bill focuses on improving AI knowledge in public schools, while another mandates that developers disclose the copyrighted materials they use to train their AI models. There are even multiple bills aimed at addressing the nuisance of AI-generated robocalls. More serious topics include the biological risks of AI systems and even a bill ensuring that no AI can independently launch nuclear weapons.

But here’s where it gets interesting – and concerning. Mulligan’s breakdown of the topics covered in these bills reveals an unsettling trend. While most bills are aimed at science, technology, and communications (28%), commerce (22%), updating government operations (18%), and national security (9%), critical areas like civil rights, civil liberties, and minority issues receive just 1% of the focus. This is alarming, especially when considering how AI is increasingly integrated into identification and law enforcement systems, where bias has already been well-documented.

Why We Should Be Concerned About Bias in AI Systems

The current underrepresentation of civil rights in AI legislation is something we need to pay attention to. AI systems, like any other technology, are shaped by the data they’re trained on. If that data reflects existing biases—be it racial, gender, or socioeconomic—AI systems can perpetuate and even exacerbate these biases. This is particularly troubling when AI is used in areas like facial recognition or predictive policing, where the margin for error has real-world consequences for people’s freedoms and livelihoods.

It's concerning that the U.S. government has shown limited interest in advancing legislation that adequately protects civil rights and civil liberties in the context of AI. With so much focus on the technical and commercial aspects of AI development, the human impact risks being sidelined.

Imagine a future where biased AI algorithms are routinely used in hiring decisions, loan approvals, or law enforcement actions without sufficient legal safeguards in place. This is not a far-fetched scenario. We’ve already seen cases where AI-driven systems have displayed bias, and the lack of focused legislation addressing these civil rights issues means we could see more of these cases in the future.

A Call for Broader Legislative Action

While it’s reassuring to see that Congress is aware of AI’s importance, the numbers show a disproportionate focus on issues like communications and commerce. Even national security was limited to 9% of the proposed bills.

If we are serious about creating an equitable future, legislation must also prioritize civil rights, ensuring that AI systems are designed and deployed in a way that protects everyone, particularly marginalized communities.

Policymakers must address these gaps by focusing not just on AI’s technological advancements, but also on the ethical implications of its deployment. For instance, bills that mandate transparency in AI decision-making processes or require regular audits of AI systems for bias certainly help in ensuring fairness. Such measures would give individuals some recourse if they are affected by biased algorithms and hold developers accountable for how their systems are used.

We are at a critical juncture in AI development. The choices made today will shape the future of how AI interacts with society. Ensuring that civil rights are at the forefront of legislative priorities is not just important—it’s essential.

Stay Informed

For those interested in staying informed about the latest developments in AI legislation, the Brennan Center for Justice offers a free tracker of all AI bills currently in Congress. Keeping an eye on these legislative efforts will be crucial in understanding the broader societal impacts of AI and advocating for laws that protect individual rights.

As AI continues to evolve, we must be vigilant about the potential consequences it holds for society. By pushing for legislation that prioritizes civil rights and fairness, we can work toward a future where AI benefits all of us, rather than reinforcing existing inequities.

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