In this episode of Regulatory Oversight, host Ashley Taylor continues his multipart series on artificial intelligence (AI) with returning guests Gurkan Ay and Andrew Coles of Resolution Economics. Together, they move beyond headlines and hypotheticals to focus on how AI is being regulated today — and what companies should be doing now to manage risk.

Instead of waiting for a single federal AI law, the conversation explores the reality of “regulation by litigation” and enforcement. Ay and Coles explain how existing legal frameworks — such as anti-discrimination, employment, and privacy laws — already shape how AI can be used, and why the specific use case is critical. They walk through real-world examples using the same sentiment-analysis tool in two different ways, showing how differences in data, time horizon, and impact on employees can create very different risk profiles, even with identical technology.

The discussion also tackles the perceived tension between innovation and safeguards, and ongoing debates over a national AI framework and preemption of state AI laws. Rather than framing AI as a choice between speed and safety, the guests argue that organizations can foster innovation while still being thoughtful about how AI affects employees, customers, and other stakeholders.

Transcript: AI State Regulatory Frontiers: How Existing Laws Regulate AI (PDF)