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The FTC wants to regulate AI for ideological bias
The Federal Trade Commission wants to start regulating ideological bias in AI systems and assert federal control over state laws. They’re getting an earful from opponents on all sides of the political spectrum.
In a proposed policy statement released last month, the FTC said it was considering treating ideological bias in AI systems as an “unfair and deceptive practice” under Section 5 of the FTC Act.
The commission argued that consumers have an expectation that AI systems will provide them with information free from bias or ideological manipulation. Defining such bias as an unfair or deceptive practice would potentially allow the commission to regulate training or inputs that power AI algorithms. How precisely the FTC would determine when ideological bias exists in these systems is not fully explained in the document.
Additionally, the statement suggests that the FTC believes this regulatory authority supersedes state AI laws. It specifically mentions the Colorado AI Act, which calls for models to be subject to risk assessments, transparency disclosures and “bias audits” before release. State lawmakers are now seeking to delay or eliminate the audits before the law takes effect in 2027.
CyberScoop reviewed dozens of public comments criticizing the FTC’s proposal. Even ideological allies raised two main concerns: first, that the proposal distracts from real questions about the federal government’s role in regulating AI deception; and second, that it opens a Pandora’s Box by enabling political censorship of AI model outputs.
Leah Siskind, a former White House digital official and deputy director of the AI Corps at the Department of Homeland Security, told CyberScoop that AI companies face legitimate questions about their obligations to consumers, particularly whether they must ensure their models provide accurate information and protect against deliberate manipulation.
Siskind’s past research has focused on how authoritarian propaganda tends to be overrepresented in answers provided by large language models, in part due to governments’ intentional efforts to poison data ingested by AI systems.
“There is a really interesting debate here about bias and about accuracy in models and whether that’s deceptive or not… about how we counter disinformation that has been absorbed and is now being reflected by LLMs…but this is not addressing that at all,” said Siskind, now a senior AI fellow at the Foundation for Defense of Democracies.
Instead, Siskind said the FTC statement appears primarily concerned about a power struggle with states over AI regulation and “petty squabbles about which AI model is more woke than the other.” She’s skeptical that the policy statement’s cited legal authorities are on sound footing.
“The way I see it is that the FTC’s role is to police consumer protection violations, not regulating AI systems, and it seems like they’re trying to solve a lack of congressional AI regulation by stretching section 5 [of the FTC Act] well beyond its traditional role,” she said.
Additionally, the policy statement’s language and sourcing suggests that the FTC is concerned with certain kinds of ideological bias more than others.
Anthropic, which has clashed with the Trump administration over AI guardrails and military applications of their technology, shows up more than half a dozen times in footnotes, many which are framed as examples of ideological bias the FTC is seeking to stamp out.
By contrast, the statement ignores a direct example of an American AI company owner influencing their model’s ideology: Elon Musk and his xAI-owned Grok model. Musk has publicly admitted, often on his own website, to intervening when Grok’s responses upset him. These interventions have shaped Grok’s outputs on specific topics, including South African race relations and the term “MechaHitler,” where the model now reflects Musk’s personal views.
But neither Musk and xAI are mentioned in the document, while Grok appears in a footnote which cites an advertisement for Grok as “your truth-seeking AI companion for unfiltered answers with advanced capabilities in reasoning, coding, and visual processing.”
Criticism across the spectrum
The FTC received more than 300 comments on its proposal from trade associations, think tanks, individual experts and members of Congress. Most criticized it as ill-defined and vulnerable to politically-motivated censorship, while some supported stronger rules against bias in AI systems.
The International Center for Law and Economics noted the statement “offers little practical guidance about how the Commission will apply its deception authority to AI” and also does little to address hard questions, like where AI providers may be exercising their own First Amendment-protected activities.
The statement’s “focus on ‘ideologically motivated distortions’ suggests that the Commission’s concerns extend beyond factual misrepresentations in marketing to speech that may receive the highest degree of First Amendment protection,” the ICLE wrote.
The America First Legal Foundation, a conservative non-profit founded by top White House adviser Stephen Miller, pressed the FTC to adopt the policy “in full,” claiming that frontier models from OpenAI and Anthropic “have been programmed to prioritize ideologically liberal and progressive values as though they are objective, neutral positions rooted in truth.”
The group also argues that regulating these models’ ideological output falls under the FTC’s legal authority, because a “reasonable consumer” would expect that a model advertised for its usefulness and reliability would not prioritize liberal, ideological views.
“A reasonable consumer, based on AI companies’ advertising choices, would not expect that an AI system will adopt overwhelmingly liberal positions, thereby skewing results, or adopt a moral framework that would prefer to annihilate the earth rather than utter a slur,” wrote Emily Percival, senior counsel for America First Legal.
However, comments from other conservative groups questioned that rationale. The R Street Foundation’s Spence Purnell and Adam Thierer wrote that “the consumer expectations rationale is typically used in cases where there is an omission of information that should have existed.”
“Given that most LLMs already have disclosure statements [for their outputs], it seems unlikely that the FTC could explicitly prove that consumers were deceived about a product,” Purnell and Thierer wrote.
Reps. Josh Gottheimer, D-N.J., and Michael Lawler, R-N.Y., urged the FTC to carve out civil rights-related work from their scrutiny, such as preventing models from discriminating against users based on race, religion, gender, age and other federally protected characteristics.
“AI companies must not falsify facts in the name of fairness, but they also must prevent discrimination, stereotypes, and unequal treatment,” Gottheimer and Lawler wrote. “We would appreciate understanding how the FTC intends to ensure that these efforts remain permissible under the final policy framework.”
But the most common concern shared across the political spectrum was that the FTC could establish a precedent allowing the Trump White House and future administrations to reshape AI systems to reflect their political views.
David Inserra, Jennifer Huddleston and Juan Londoño of the Cato Institute point out that the FTC statement is conflating two different issues: ideological bias in AI systems and factual deception in marketing.
“In other words, the FTC is trying to judge AI models’ accuracy and performance—two largely subjective variables—in the same way it evaluates dietary supplements’ medical-benefit claims or users being charged fees without proper notice or consent,” they write. “This is an absurd comparison.”
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