This section examines AI-related regulations enacted
by American regulatory agencies between 2016 and
2023. It provides an analysis of the total number of
regulations, as well as their topics, scope, regulatory
intent, and originating agencies. To compile this
data, the AI Index team performed a keyword search
for “artificial intelligence” on the Federal Register, a
comprehensive repository of government documents
from nearly all branches of the American government,
encompassing more than 436 agencies.8
Overview
The number of AI-related regulations has risen
significantly, both in the past year and over the last five
years (Figure 7.4.1). In 2023, there were 25 AI-related
regulations, a stark increase from just one in 2016. Last
year alone, the total number of AI-related regulations
grew by 56.3%.
By Relevance
The AI Index categorized AI-related regulations—
those mentioning AI—into three levels of relevance:
low, medium, and high.9 In 2023, the number of
high and medium relevance AI-related regulations
increased compared to 2022. For instance, a high
relevance AI regulation was the Copyright Office
and Library of Congress’ Copyright Registration
Guidance: Works Containing Material Generated by
Artificial Intelligence. This policy statement clarified
registration practices for works incorporating AI-
generated material. Meanwhile, a medium-relevance
example is the Securities and Exchange Commission’s
Cybersecurity Risk Management Strategy, Governance,
and Incident Disclosure, which established
standardized disclosure practices for public companies
concerning cybersecurity risk management, strategy,
governance, and incidents.
Figure 7.4.2 categorizes AI-related regulations in the
United States based on their relevance to AI. A growing
proportion of these regulations is highly relevant to
AI. Among the 25 AI-related regulations enacted in
2023, four were identified as being highly relevant, the
greatest amount since tracking began in 2016.
By Agency10
Which agencies are the primary sources of AI
regulations? In 2023, the Executive Office of the
President and the Commerce Department led with
five AI-related regulations each, followed by the
Health and Human Services Department and the
Industry and Security Bureau, with each issuing four
(Figure 7.4.3). Furthermore, the number of agencies
issuing AI regulations increased from 17 in 2022 to 21 in
2023, indicating a growing need for clarity and concern
regarding AI among a broader array of American
regulatory bodies.
By Approach
The AI Index categorized regulations based on their
approach: whether they expanded or restricted AI
capabilities.11 Over time, the trend in AI regulations
in the United States has shifted significantly toward
restriction (Figure 7.4.4). In 2023, there were 10
restrictive AI regulations compared to just three that
were expansive. Conversely in 2020, there were four
regulations that were expansive and one that was
restrictive.
By Subject Matter
In 2023, American AI regulations were categorized by
primary subject matter. The most prevalent subject
matter in AI-related regulation was foreign trade and
international finance, with three instances. Three
topics tied for second place, with two occurrences
each: health; commerce; and science, technology, and
communications (Figure 7.4.5).
