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Abstract

Artificial Intelligence (AI) promises to revolutionize our everyday lives and how we approach all sectors of the economy and society. For the laundry list of benefits this form of technology provides, there is a concern as to the ways Al can produce troubling outcomes - including racial discrimination and social inequality. The United States House of Representatives introduced the National Al Initiative Act of 2020 (NAIIA) to ensure continued US leadership in Al research and development. However, the NAIIA leaves issues concerning the risk of biases and discrimination associated with using Al systems to federal agencies and state governments. While promoting similar objectives, the European Union's (EU) Al Act ensures that Al systems used in the market are safe and respect existing laws on fundamental rights. This Comment argues that American lawmakers should look to the EU's Al Act as a model for enacting federal legislation that ensures Al systems used in the public and private sectors are safe and do not infringe on an individual's fundamental rights.

First, the Comment reviews the history of Al, Al legislation in the United States at the federal and state level, and the EU's Al Act. Next, the Comment analyzes the strengths and weaknesses of the European Union's Al Act, the National Al Initiative Act, and potential biases, discrimination, and racial inequality concerns under the present framework of Al regulation in the United States. Finally, the Comment argues that the United States should borrow the favorable provisions from the EU's Al Act, improve upon its weaknesses, and pass comprehensive federal Al legislation that emphasizes the fundamental rights of individuals while simultaneously promoting investment in Al research and development necessary to maintain US leadership in this form of technology.

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