Saturday

10-18-2025 Vol 2117

White House Seeks Public Input on AI Regulations Amid Deregulatory Push

On September 26, the White House issued a public invitation for comments regarding Federal laws and policies perceived to hinder the advancement of artificial intelligence (AI) technologies in the United States. This call for input signifies one of the significant initiatives by President Donald Trump’s administration aiming to alleviate the regulatory burden surrounding AI development and deployment. Comment submissions can be made via a government website until October 27, 2025.

The Office of Science and Technology Policy (OSTP) initiated this “Request for Information: Regulatory Reform on Artificial Intelligence” echoing the Administration’s Winning the Race: America’s AI Action Plan released in July 2025. The plan underscores the importance of soliciting feedback from the public regarding current Federal regulations that deter AI innovation. Companies engaged in the development or deployment of AI technologies that may be impacted by Federal statutes, regulations, or agency rules are encouraged to participate in this process. Their contributions are vital in ensuring that any upcoming AI regulatory actions incorporate industry insights which might otherwise escape policymakers’ attention.

The OSTP’s RFI poses several detailed questions, inviting respondents to address specific challenges they face in relation to existing Federal regulations. The questions focus on identifying what AI activities or innovations are currently impeded by Federal laws, citing specific statutes that serve as barriers, and proposing any modifications that could enable lawful deployment of AI applications. OSTP is particularly interested in perspectives regarding regulations affecting the healthcare and transportation sectors, areas that are seen as ripe for review and potential reform.

This request illustrates a significant shift in regulatory approach as the RFI is informed by a belief that many existing regulations were developed prior to the emergence of AI technologies. The White House acknowledges that current policy frameworks often rest on outdated assumptions regarding human-operated systems, making them incompatible with AI-enabled technologies. Some key assumptions include:

– Decision-Making and Explainability: Existing policies assume decisions can be traced back to a human.

– Liability and Accountability: Responsibilities are assigned based on human or identifiable organizational decision points.

– Human Oversight and Intervention: Current frameworks necessitate continuous human oversight in operational processes.

– Data Practices: Existing provisions do not consider the scale and dynamics of AI data collection and usage.

– Testing, Validation, and Certification: Approval processes overlook the adaptive nature of AI learning systems.

The RFI identifies various barriers to AI advancement that arise from regulatory mismatches, structural incompatibility, lack of clarity in existing laws, direct hindrance caused by regulations, and organizational factors including workforce readiness and cultural acceptance. The initiative welcomes insight into how regulations, although serving significant purposes, might contain requirements that function at odds with AI systems.

This RFI initiates concrete steps by the Trump Administration to streamline AI regulations. Among the additional recommendations from the AI Action Plan, the Federal Trade Commission (FTC) is urged to revisit prior investigations that may hinder AI innovation. Moreover, there are suggestions for the Office of Management and Budget (OMB) to influence state governments in reducing regulatory burdens on AI through potential Federal funding conditions.

The Administration’s activities in the AI sector have also encompassed broader strategies, including the establishment of an American AI Exports Program by the Department of Commerce aimed at enhancing the export of American AI technologies. Furthermore, guidelines from the OMB are expected to emerge, intended to prevent government procurement of AI systems deemed ideologically biased or “woke.” Recent interactions with the semiconductor industry, including the proposal of export fees on specific technologies sold to China, illustrate the Administration’s comprehensive approach to AI regulation and development.

This focus on creating a deregulated environment for AI development stands in stark contrast to global trends, especially within the European Union where the EU AI Act seeks to impose stricter regulations on AI technologies based on risk and harm categories. U.S. companies may face intricate compliance challenges due to this divergence in regulatory approaches, as the EU regulations may apply to U.S. businesses operating in that jurisdiction.

The White House’s RFI asks for insights solely on Federal regulations, yet companies must remain cognizant of burgeoning state-level legislations concerning AI as these local requirements continue to evolve.

For professionals seeking additional insights on these regulatory trends, a webinar hosted by Crowell & Moring on October 16, 2025, will delve into the implications of AI policy developments at both federal and state levels. Crowell & Moring LLP, alongside Crowell Global Advisors, commits to monitoring U.S. Government initiatives related to AI, with a team of lawyers and policy professionals ready to support clients in navigating responses to RFI solicitations and participating in AI policy dialogue across diverse sectors.

image source from:crowell

Benjamin Clarke