Abstract
Artificial intelligence, including ChatGPT, is the latest tech trend to create opportunities to transform notice and comment rulemaking. If ChatGPT is only used by members of the public and organizations as a tool to draft comments, it may increase the involvement of the public in the process and assist them in drafting clear and intelligible comments. However, it is unlikely to improve the quality of public comments that they provide to agencies, because it will not help them understand the type of information that agencies are seeking in public comments. In addition, if ChatGPT is used to any significant extent in drafting comments, it could create challenges for agencies by flooding agencies with significantly greater numbers of seemingly unique comments, most of which merely express sentiment, values or preferences, and many of which may include false information.
Recommended Citation
Stephen M. Johnson,
Rulemaking 3.0: Incorporating AI and ChatGPT Into Notice and Comment Rulemaking,
88 Mo. L. Rev.
(2024)
Available at: https://scholarship.law.missouri.edu/mlr/vol88/iss4/6