A Framework for the Private Governance of Frontier Artificial Intelligence

This paper presents a proposal for the governance of frontier AI systems through a hybrid public-private system. Private bodies, authorized and overseen by government, provide certifications to developers of frontier AI systems on an opt-in basis. In exchange for opting in, frontier AI firms receive protections from tort liability for customer misuse of their models. Before detailing the proposal, the paper explores more commonly discussed approaches to AI governance, analyzing their strengths and flaws. It also examines the nature of frontier AI governance itself. The paper includes consideration of the political economic, institutional, legal, safety, and other merits and tradeoffs inherent in the governance system it proposes.

Paper

References (7)

02The private governance body can revoke an AI developer’s safe harbor protections for non-compliance
03AI developers
04In exchange for being certified, AI developers receive safe harbor from all tort liability related to misuse by others that results in tortious harm
05The authorizing government body periodically audits and re-licenses each private regulatory body
06an AI developer behaves in a way that would legally qualify as reckless, deceitful, or grossly negligent
07The authorizing government body has the power to revoke a private regulator’s license if they are found to have behaved negligently (for example, ignoring instances of developer non-compliance)

Similar papers

© 2026 NYSGPT2525 LLC