Cybersecurity & Tech

The Lawfare Podcast: Bridget Dooling and Mark Febrizio on Robotic Rulemaking

Alan Z. Rozenshtein, Jen Patja, Bridget Dooling, Mark Febrizio

Thursday, May 4, 2023, 12:00 AM

Alan Rozenshtein sat down with Bridget Dooling and Mark Febrizio to discuss how generative AI might intersect with rulemaking by federal agencies.

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At the core of the regulatory state is the notice and comment process. Agencies propose what they're going to do, the public gets to comment, and agencies have to respond to those comments. It's an imperfect system, to be sure, but it's fundamental to making sure that agencies act with good information and with democratic legitimacy.

So what happens when those comments start being made not by people, but by ChatGPT or other large language models? Or how about when agencies themselves use these AI tools to analyze the comments they receive, or even perhaps to write the regulations themselves?

To talk through these issues, Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, spoke with Bridget Dooling and Mark Febrizio, both of the George Washington University Regulatory Studies Center. They spoke about their recent Brooking Institution report on the issue and how they think the regulatory state should deal with generative AI.

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Cybersecurity & Tech

Alan Z. Rozenshtein

@ARozenshtein

Alan Z. Rozenshtein is an Associate Professor of Law at the University of Minnesota Law School, a senior editor at Lawfare, and a term member of the Council on Foreign Relations. Previously, he served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland.

Jen Patja

Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

Bridget Dooling

BridgetDooling

Bridget C.E. Dooling is a research professor with the GW Regulatory Studies Center. Previously, she was a deputy chief, senior policy analyst, and attorney for the Office of Information and Regulatory Affairs (OIRA) at the U.S. Office of Management and Budget (OMB).