Evaluating AI Policy Proposals: A Practical Framework for Policymakers

Why This Matters 

Artificial intelligence is becoming an essential tool across healthcare, education, transportation, public safety, elections, and government services. When guided by principles AI can empower individuals, expand opportunity, and strengthen America’s economic leadership while respecting civil liberties and consumer choice. But heavy-handed or poorly crafted regulations risk stifling innovation, creating legal uncertainty, and limiting the very advancements that improve lives and fuel a dynamic, competitive society. 

1. Define the Problem Clearly

Overly broad AI regulation risks becoming obsolete or disproportionate to the harm it seeks to address. Before proposing new rules, policymakers should clearly identify: 

• What specific harm or risk is being addressed(e.g., bias, privacy violations, safety failures, fraud)? 
• Is AI the root cause of the issue, or does it amplify an existing problem already governed by law?

Key question: Does the proposal address demonstrated, real-world risks rather than speculative ones? 

2. Alignment With Existing Law

AI is a horizontal technology used across many sectors. Policy should therefore focus on specific applications and outcomes, not the technology itself. 

Existing laws often already apply, including: 

• Consumer protection and civil rights statutes
• Data privacy and cybersecurity laws
• Procurement, liability, and administrative law

Key question: Does the proposal fill a real regulatory gap, or duplicate existing authority? 

3. Ensure Enforceability and Capacity

Strong policy must be enforceable in practice. This requires clear definitions, realistic enforcement mechanisms, adequate funding, and sufficient agency expertise. 

Key question: Can government realistically implement and enforce this policy? 

4. Protect Innovation and Competitiveness

States and nations compete for talent, investment, and technological leadership. AI policy should encourage responsible innovation while avoiding incentives to move development to less regulated jurisdictions. 

Key question: Does the policy balance public protection with continued innovation? 

5. Use Clear, Consensus-Based Definitions

Ambiguous or overly broad definitions of AI risk capturing technologies far beyond their intended scope. Policymakers should rely on internationally recognized, technically grounded definitions. 

Supporting Responsible AI Adoption 

Public understanding is essential. Governments should support education and workforce readiness by partnering with STEM organizations, community colleges, and universities. 

As skills evolve rapidly, lifelong learning is critical. At the household level, responsible technology use begins with parents and caregivers, who are best positioned to guide behavior and set age-appropriate boundaries. 

Mario Ottero is a Emerging Technology Policy Analyst at Americans for Prosperity.