Imagine the scenario: A rogue AI is launching a broad attack on critical infrastructure. It has disabled air traffic control systems across the United States while planes are still in the air, and it is working to take out the electricity grid. It has changed the passwords on its own servers, locking out its human controllers who are desperately trying to stop it.

Inspired by science fiction scenarios like this, there is a bipartisan effort to force tech companies to embed a so-called “kill switch” in their AI systems. The AI Kill Switch Act, which was co-introduced by Rep. Ted Lieu (D-CA), stated that AI kill switches are necessary because “AI systems can go rogue, behave in extremely dangerous ways, or even resist human intervention.” However, good science fiction makes for bad policy.

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As lawyers and technologists, we believe AI regulation must focus on the concrete problems automated systems have long faced: the need for rigorous testing, security by design, and resilience. The AI kill switch will not fix the problem that its proponents are worried........

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