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78 Fla. L. Rev. 1 (2026)

handle is hein.journals/uflr78 and id is 1 raw text is: AGAINST AI HALF MEASURES Woodrow Hartzog,* Neil Richards, ** Ryan Durrie*** & Jordan Francis**** Abstract So far, U.S. consumer protection policy for artificial intelligence (AI) accountability has largely consisted of industry-led approaches such as encouraging transparency, mitigating bias, promoting principles of ethics, and empowering people. These approaches are vital, but they are only half measures. To bring AI within the rule of law, lawmakers must start drawing substantive lines. In this Article, we identify four AI regulatory approaches to consumer, data, and democratic harms as half measures. First, transparency does not produce accountability on its own. Second, while mitigating bias in AI systems is critical, even unbiased systems are a threat to the vulnerable. Third, while AI ethics are important, they are a poor substitute for laws. Finally, empowering people in their individual choices misses the larger questions about the distribution of power and collective well-being. Instead of these half measures, we recommend that lawmakers reject the idea that AI systems are neutral and inevitable. When lawmakers go straight to putting up half- hearted guardrails, they fail to ask the existential question about whether some AI systems should exist at all. To avoid the mistakes of the past, lawmakers must make the hard calls. AI Half Measures will certainly not be enough. * Andrew R. Randall Professor of Law, Boston University School of Law. ** Koch Distinguished Professor in Law and Director, Cordell Institute, Washington University in St. Louis; Affiliated Fellow, Yale Information Society Project; Faculty Associate, Berkman Klein Center for Internet & Society at Harvard University; Affiliate Scholar, Stanford Law School Center for Internet & Society. *** Associate Director, Cordell Institute for Policy in Medicine & Law, Washington University in St. Louis. **** Senior Policy Counsel, Future of Privacy Forum; Nonresident Fellow, Cordell Institute for Policy in Medicine & Law. The views expressed in this Article are his own and do not necessarily reflect the views of the Future of Privacy Forum, its advisory board, or its supporters.