In an unusual show of bipartisanship on the issue of artificial intelligence, three commissioner nominees being questioned at a confirmation hearing Tuesday for their appointments to join the Federal Trade Commission (FTC) said that the deceptive use of artificial intelligence should be a priority for the FTC.
The hearing was considering the re-nomination of Commissioner Rebecca Slaughter, a Democrat, as well as the nominations of Andrew Ferguson, the solicitor general of Virginia, and Melissa Holyoak, the solicitor general of and Utah, both of whom are Republicans.
Andrew Ferguson spent 2019 to 2021 as the chief counsel to U.S. Senate Republican Leader Mitch McConnell.
When Senator John Thune asked about the FTC’s role in enforcing rules regarding artificial intelligence, Slaughter responded that the FTC’s job was to investigate and pursue cases where unfair and deceptive practices laws were broken, regardless of whether or not artificial intelligence was involved.
She said, “There may be things (involving AI) that Congress think are problematic that go beyond what the FTC Act covers and that is up to you.”
Both Ferguson and Holyoak concurred. Holyoak added that it was possible AI could be used to make phishing emails and robocalls more convincing in scamming victims, and thereby turbocharge fraud.
The agreement was unusual in light of the previously partisan battles which have occurred within the agency between Republicans and Democrats. This year a Republican FTC commissioner, Christine Wilson, quit, offering harsh criticism of agency leadership on her way out the door.
If, as is expected, the Senate confirms the two Republican nominees, it will not change the party breakdown on the five-member FTC, which is also responsible for enforcing antitrust law. Currently the commission has a Democrat chair, Lina Kahn, and two Democrat commissioners.