United States of AI: Crypto Regulation Lessons To Heed
Oct. 14, 2024. 7 mins. read.
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The U.S. risks falling behind in AI innovation without smart regulations, learning from the rocky path of cryptocurrency oversight.
Introduction
The United States of America is at a turning point in how it handles cutting-edge technologies. As artificial intelligence (AI) and cryptocurrency reshape industries, the way the country regulates these fields could make or break its position as a global tech leader.
Calanthia Mei, co-founder of Masa, this week took the gloves off in an opinion piece for CoinDesk, titled The U.S. Fell Behind in Crypto. It Cannot Afford to Fall Behind in AI.
She argues that the USA is in danger of falling behind in AI innovation, much like it has in crypto, due to clumsy regulation. She highlights the need for smart rules that encourage innovation while addressing valid concerns.
Let’s dissect where crypto and AI regulation intersect, and the lessons that USA and global regulators should heed if they want to manage AI optimally.
The Cryptocurrency Landscape
How We Got Here
Cryptocurrency burst into life on January 3, 2009 with Bitcoin’s Genesis Block. What started as a tech curiosity has since ballooned into a trillion dollar industry, shaking up traditional finance and leaving regulators scrambling to keep up.
The Current Regulatory Mess
As any crypto investor or builder can confirm, the USA’s approach to crypto regulation is a bit of a patchwork that feels like it’s doing more harm than good. Markets like certainty, and there’s not much going around of that in the States the last decade:
- Securities and Exchange Commission (SEC): The SEC has come out swinging under Gary Gensler’s rule, claiming many cryptocurrencies are securities. This has led to high-profile SEC court battles with companies like Ripple, Binance and Coinbase. However, it also approved the Bitcoin and Ethereum ETFs this year.
- Commodity Futures Trading Commission (CFTC): The CFTC sees Bitcoin and some other cryptos as commodities, creating a jurisdictional tug-of-war with the SEC.
- Financial Crimes Enforcement Network (FinCEN): FinCEN requires crypto exchanges to follow anti-money laundering (AML) and know-your-customer (KYC) rules, just like traditional financial institutions. Its Travel Rule was adopted by the Financial Action Task Force (FATF) in 2019 as part of its Recommendation 16, and exchanges globally are now required to exchange user information for large transactions.
- State-level rules: Some states (like New York with its BitLicense) have cooked up their own crypto regulations, adding another layer to the regulatory lasagna.
What This Means
This regulatory hodgepodge has some serious downsides:
- Uncertainty reigns: The lack of clear, comprehensive federal rules leaves businesses in limbo and investors nervous.
- Innovation takes a hit: Aggressive enforcement and murky guidelines have scared innovators or pushed them to more crypto-friendly shores, especially after the USA went after developers such as the builders of the Tornado Cash mixer.
- Falling behind: As other countries roll out clear crypto rules, the USA risks losing its edge in this booming tech sector. This is evident if you visited the recent Singapore conference Token2049 event.
The AI Frontier
AI Today
Artificial Intelligence is no longer science fiction. From Anthropic’s chatbots to Tesla’s self-driving cars, AI is transforming industries and raising new ethical questions that regulators are just beginning to grapple with. And the stakes in AI are undoubtedly much higher than in crypto. The Doomsday fears displayed in movies like Terminator and 2001: A Space Odyssey have a strong basis in reality (apart from the time traveling of course…).
The Regulatory Playbook (So Far)
So how is Uncle Sam keeping a leash on AI, especially now that Web2 giants like Microsoft, Amazon, Tesla and Alphabet are all in an arms race to either build or stop an AGI from happening?
Well, the USA is still finding its feet when it comes to AI rules:
- Executive Order on AI: In October 2023, President Biden laid out some ground rules for responsible AI development and use.
- National AI Initiative Act: Passed in 2020, this law aims to get federal AI research and development efforts on the same page.
- AI Bill of Rights: The White House floated this non-binding framework to protect citizens’ rights in the AI era.
- State-level action: Some states (California is leading the pack) have started rolling out their own AI rules, especially around privacy and bias.
What’s Working and What’s Not
As the AI rulebook takes shape, we’re seeing some opportunities and challenges:
- Walking a tightrope: Regulators need to find the sweet spot between encouraging innovation and protecting the public from AI-related risks.
- David vs. Goliath: Current regulatory efforts often zero in on tech giants, potentially overlooking the needs of AI startups and smaller players.
- Global tech race: With other countries crafting their own AI game-plans, the USA needs to make sure its rules don’t slow down its AI sector.
Crypto and AI Regulation: Two Sides of the Same Coin?
Common Ground
- Tech on fast-forward: Both fields are advancing at a breakneck pace, leaving regulators in the dust.
- Industry shake-up: Crypto and AI have the potential to turn entire industries on their heads.
- Borderless tech: These technologies don’t play by any one country’s rules, making regulation a global headache.
Key Differences
- Been there, done that: Crypto regulation discussions have a head start, and AI regulation could learn from their experience.
- Ripple effects: While crypto mainly shakes up finance, AI’s impact spans across industries and everyday life.
- Public opinion: Crypto’s links with wild financial speculation and shady dealings draw suspicions, while AI generally gets a warmer, if cautious, reception.
Learning from the Global Classroom
Singapore’s Balancing Act
Singapore has emerged as a poster child for both crypto and AI regulation:
- Crypto: Their Payment Services Act lays out clear rules for crypto businesses while looking out for consumers.
- AI: Singapore’s AI Governance Framework offers flexible, principle-based guidance for responsible AI development.
The European Union’s Grand Plan
The EU is taking a different tack:
- Crypto: The Markets in Crypto-Assets (MiCA) regulation aims to be a one-stop-shop for crypto asset rules.
- AI: The proposed ‘AI Act’ aims to create a risk-based rulebook for AI applications.
Advice for the USA’s Policymakers
Calanthia Mei’s tips in her CoinDesk opinion piece are clear:
- Get your act together: Clear, coherent federal rules can provide certainty for businesses and protect consumers.
- One size doesn’t fit all: Tailor regulations to the level of risk posed by different crypto assets or AI applications.
- Give innovation room to breathe: Create regulatory sandboxes where companies can experiment within controlled environments.
- Play well with others: Team up with other countries to develop harmonized global standards for crypto and AI regulation.
- Keep your ear to the ground: Stay in constant dialogue with private companies, both big and small, to ensure your rules address real-world challenges and opportunities.
SingularityNET founder says only decentralized AI can save us
In a recent interview Dr. Ben Goertzel, founder of leading AI project SingularityNET, part of the Artificial SuperIntelligence (ASI) project, posited that the only way to avoid these concerns and ensure that AGI benefits and doesn’t harm humanity is to decentralize and democratize it. That way, it cannot be controlled by a small group of powerful parties who are using it to meet their own narrow goals.
“If you look at how we’re operating the world right now as a species, and you think about introducing AI that’s roughly as smart as people, the most obvious thing to happen is that large corporations use these AIs to make themselves more money, and countries with large militaries use these AIs to get themselves more power.
What you need is some way to decentralize all these processes that the AI is running on, and then you need a way to decentralize the data ingestion into all these processors.”
Wrapping Up
The United States of America is at a crossroads in regulating AI and cryptocurrency. The choices made in the next year or two will have a massive impact on the country’s status as a global player, and on the future of the world system.
By learning from past missteps, taking cues from successful countries, and striking a balance between fostering innovation and protecting the public, the USA can try to hold on to tech leadership in these key fields. We can also heed Dr. Goertzel’s warning and use the benefits of decentralization to bring AGI advances out of authoritarian control.
As these technologies continue to push boundaries, regulators need to stay on their toes. Flexibility, foresight, and a commitment to nurturing innovation while safeguarding public interests are the keys to successfully navigating this complex maze.
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