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AI's growing role in rulemaking raises new transparency questions

Nextgov/FCW · · US Federal · AI Governance

Federal agencies are increasingly exploring the use of artificial intelligence in rulemaking processes, prompting concern that AI-assisted decisions may be difficult to trace, explain, or legally defend. The tension is sharpening under an administration already pushing to roll back regulatory oversight.

Why this matters: Rulemaking is how laws actually touch people's lives. Agencies write the rules on clean water, workplace safety, drug approvals, and hundreds of other things most people never think about until something goes wrong. If AI is shaping those rules, the public has a right to know how. Administrative law already requires agencies to show their reasoning. An AI system that cannot explain its outputs does not meet that bar. The accountability question is simple: if a rule harms someone, who answers for it when a machine helped write it?

Who should care: AI governance · Lawyers · Administrators · Compliance · General readers · Policy

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