Senate Commerce Committee Questions FTC Nominees on Regulating AI

Summary
On September 20, 2023, the Senate Commerce Committee held a hearing to consider President Biden’s nominations to the FTC—Rebecca Kelly Slaughter, Melissa Holyoak, and Andrew Ferguson. During the hearing, Sen. John Thune (R-SD) inquired about the agency’s authority to regulate AI, asking if the FTC or Congress should take the lead. While Slaughter noted that existing applies to new technologies, she called on Congress to determine whether new authorities or laws are needed. Ferguson stated that a “grand regulatory framework for AI” is squarely within the purview of Congress but asserted that the FTC should act in instances where the use of AI violates the agency’s existing rules. Holyoak specifically highlighted concerns related to fraud and scams.