WASHINGTON, D.C. — Rep. Josh Gottheimer is warning that a proposed federal crackdown on artificial intelligence could have an unintended consequence: making companies think twice about building safeguards against discrimination.
Gottheimer, whose district includes much of Bergen County, joined Rep. Mike Lawler (R-N.Y.) in urging the Federal Trade Commission to revise its proposed AI policy, arguing it could discourage developers from taking steps to prevent biased outcomes.
In a bipartisan letter to FTC Chairman Andrew Ferguson, the lawmakers said efforts to make artificial intelligence more accurate should not come at the expense of protections against discrimination.
“While ensuring the accuracy of AI-generated information is critical, it should not come at the cost of preventing discrimination,” Gottheimer and Lawler wrote.
The FTC’s proposed policy statement, titled “Concerning the Suppression of Accuracy in Artificial Intelligence Systems,” aims to ensure AI tools produce reliable information and avoid improper bias. But Gottheimer and Lawler argue the proposal’s current language could cause companies to pull back on testing and adjusting their systems to address discrimination because they fear those efforts could be viewed as improper “ideological steering.”
They warned the policy could have a chilling effect on efforts to prevent AI systems from producing unequal outcomes.
The lawmakers pointed to existing safeguards used by leading AI developers, including testing models to ensure they do not treat people differently based on race, gender, age or other protected characteristics.
They cited examples of companies working to prevent AI systems from recommending worse loan terms to Black-owned businesses and from generating harmful antisemitic stereotypes, including false claims that Jews control banks or the media.
Gottheimer and Lawler are calling on the FTC to create a civil-rights “safe harbor” protecting good-faith efforts by AI developers to comply with civil rights laws, reduce harmful stereotypes and address unequal error rates.
“AI companies must not falsify facts in the name of fairness, but they also must prevent discrimination, stereotypes and unequal treatment,” the lawmakers wrote.
The fight comes as Washington wrestles with how to regulate a technology that is advancing at breakneck speed. While supporters of tighter oversight say AI requires guardrails to prevent discrimination and abuse, others warn that overly broad rules could slow innovation.
Gottheimer has made artificial intelligence, cybersecurity and online threats a focus of his congressional work. He and Lawler are urging the FTC to strike a balance that keeps AI systems accurate while allowing developers to continue building protections against bias and discrimination.
