Abstract

This chapter examines the evolving trajectory of artificial intelligence regulation in the United States by contrasting the approaches adopted under the Biden and Trump administrations. While the Biden presidency marked a significant shift toward a rights-driven and accountability-oriented model — emphasising transparency, human oversight, and safeguards against algorithmic bias — Trump’s return to office reintroduced a deregulation-focused paradigm centred on innovation, global competitiveness, and market primacy. The chapter analyses how this shift has weakened procedural guarantees associated with due process, particularly in relation to notice, the right to be heard, and impartial human review. It further explores the growing tensions between federal deregulation and increasingly active state-level AI legislation, highlighting the renewed relevance of pre-emption doctrines. Finally, it assesses the emerging role of private actors — whose interests now converge with federal priorities — as both drivers of innovation and de facto regulators.

Table of Contents

1. Introduction: The United States’ wavering approach to artificial intelligence regulation

2. Procedural safeguards in times of deregulation: tensions with the principle of due process

3. Growing frictions between the federal and state levels

4. A new role for private actors

5. Concluding remarks