On the inaugural episode of Scaling Laws, co-hosts Kevin Frazier, AI Innovation and Law Fellow at the University of Texas School of Law and a Senior Editor at Law, and Alan Rozenshtein, Professor at Minnesota Law and Research Director at Lawfare, speak with Adam Thierer, a senior fellow for the Technology and Innovation team at the R Street Institute, and Helen Toner, the Director of Strategy and Foundational Research Grants at Georgetown's Center for Security and Emerging Technology (CSET).

They discuss the recent overwhelming defeat in the Senate of a proposed moratorium on state and local regulation of artificial intelligence. The conversation explores the moratorium's journey from its inclusion in a House bill to its ultimate failure, examining the procedural hurdles, the confusing legislative language, and the political maneuvering that led to its demise by a 99-to-1 vote. The group discuss the future of U.S. AI governance, covering the Republican party's fragmentation on tech policy and whether Congress's failure to act is a sign of it being broken or a deliberate policy choice.

Mentioned in this episode:

“The Continuing Tech Policy Realignment on the Right” by Adam Thierer in Medium

“1,000 AI Bills: Time for Congress to Get Serious About Preemption” by Kevin Frazier and Adam Thierer in Lawfare

“Congress Should Preempt State AI Safety Legislation” by Dean W. Ball and Alan Z. Rozenshtein in Lawfare

"The Coming Techlash Could Kill AI Innovation Before It Helps Anyone" by Kevin Frazier in Reason

"Unresolved debates about the future of AI" by Helen Toner in Rising Tide

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Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he will sign the bill if it comes to his desk, and this is the most serious attempt yet to ban the controversial social media app.

Today's podcast is the latest in a series of conversations we've had about TikTok. Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, led a conversation with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, and Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute at Columbia University. They talked about the First Amendment implications of a TikTok ban, whether it's a good idea as a policy matter, and how we should think about foreign ownership of platforms more generally.

Disclaimer: Matt's center receives funding from foundations and tech companies, including funding from TikTok.

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