Will ChatGPT Change Public Comments on Federal Rule-Making?
The advancement in the field of generative AI has led to developments such as ChatGPT that have the potential to revolutionize the public commenting process on federal rule-making. The utilization of generative AI could have a profound impact on policymaking by federal agencies. Typically, federal agencies ask the public to provide feedback on how to implement new regulations and laws. While this method has been useful in the past, there are some potential concerns that ChatGPT may introduce into the public comment process.
Mark Febrizio, a regulatory expert at George Washington University’s Regulatory Studies Center, stated that there is nothing wrong with someone using AI to generate public comments, as long as the comment reflects a human’s opinion. According to Febrizio, generative AI can encourage a more diverse set of people to provide feedback on federal policies. For example, individuals who do not speak English as their first language may find it easier to provide feedback using generative AI.
However, there are some potential risks that could arise with the use of generative AI in the public commenting process. One significant risk is agencies receiving a flood of comments that will be challenging to process and consider given the time and resources required. Agencies already use software to screen bot-generated comments. Still, ChatGPT could prompt a single user to create hundreds of human-sounding messages supporting or opposing a proposal.
Dhiren Patel, President of DocketScope, a company that works with federal agencies to analyze public comments, has identified another risk with the use of generative AI in the public commenting process. Patel indicated, “ChatGPT can be used to make things up that look authoritative and require real, analytical work to review and identify as being potentially not authoritative or not real.” Existing software and experts who review comments will likely be able to identify bad actors trying to influence the development of regulations. Nevertheless, agencies are still waiting to assess fully how AI-powered algorithms will impact the public commenting process.
In conclusion, generative AI, including ChatGPT, has the potential to revolutionize the public commenting process on federal rule-making. While there are some potential risks associated with the use of AI, federal agencies are hopeful that generative AI will encourage a more diverse set of people to provide feedback on federal policies.
