This article discusses developments in artificial intelligence regulation in the United States and the European Union that are bringing these regulatory regimes into closer alignment. The author focuses on recent moves by the FTC, the EEOC, and various other federal agencies related to rulemaking around artificial intelligence, as well as a July 2021 executive order signed by President Biden and explores the potential for cooperation in terms of information sharing, joint regulatory sandboxes, and other initiatives.

This article focuses on the role of open-source software (OSS) in the adoption and use of AI and machine learning and argues that this critical infrastructure is not subject to adequate oversight. The significance of OSS is clear: it helps speed AI adoption, reduce AI bias through means such as open-source explainable AI tools, and can improve tech sector competitiveness. However, OSS tools also carry risks, namely reducing competitiveness and giving a small number of technology companies an outsized role in determining AI standards. This paper contends that increasing oversight of OSS tools is a critical step in emerging efforts to define fair and responsible use of AI.