Critics argue existing AI regulations are unenforced as political consensus shields tech giants
The article contends that despite numerous federal and state laws applicable to AI firms, enforcement has been weak, citing actions by the FTC, antitrust cases, and recent policy shifts under the Trump administration.
Recent public concern over artificial intelligence has spurred calls for new safety standards, but the author argues that existing regulations are already in place and are not being enforced against large AI companies. Former congressional candidate Alex Bores has raised $30 million to promote an FDA-style oversight body, while figures such as Bernie Sanders and firms including Anthropic, OpenAI and Google have voiced support for similar measures.
The piece notes that the Federal Trade Commission (FTC) and the Antitrust Division have previously taken actions relevant to AI safety, including blocking Nvidia’s 2021 acquisition of Arm, launching a probe into OpenAI’s ChatGPT in 2023, and pursuing cases involving deceptive AI practices, data breaches, and algorithmic price-setting.
According to the author, these efforts received limited backing from Congress, with Democratic leaders allegedly blocking antitrust legislation to avoid alienating tech donors. After the 2024 election, the new FTC chair, Andrew Ferguson, reportedly reversed many of the prior enforcement actions, dismissed ongoing investigations, and pardoned penalties against an AI firm for alleged testimonial fraud.
Attorney General Todd Blanche is quoted as saying the Justice Department will not pursue litigation against AI companies, reflecting a broader “elite consensus” that the rule of law is not applied to powerful corporations. The article cites recent judicial decisions in which D.C. Circuit judges dismissed antitrust claims against Meta and Google without imposing remedies, despite acknowledging illegal monopoly behavior.
The author highlights internal documents showing OpenAI’s admission of bypassing paywalls to scrape content, with a Microsoft executive describing the training of large AI models on copyrighted material as “the largest theft of labor in human history.” The piece suggests that existing consumer-protection, cybersecurity, and unfair-deceptive-practice statutes could be used to address such conduct, but enforcement remains limited.
Overall, the author concludes that new AI regulations may be ineffective unless the broader political and judicial environment changes to enforce existing laws against powerful technology firms.