The United States’ extensive Code of Federal Regulations, which comprises over 145 million words, is increasingly viewed as an overgrown legal system marked by redundancy and outdated provisions. Recent discussions have highlighted an ambitious proposal for a comprehensive overhaul of this complex structure, utilising the capabilities of artificial intelligence (AI) technology. This initiative coincides with the establishment of the Department of Government Efficiency (DOGE), positioning the country to "refactor" its legal framework, akin to a process familiar in software engineering.
Refactoring, a term synonymous with software engineering, involves restructuring existing code to enhance its clarity and efficiency while preserving its fundamental functionality. Advocates of this concept argue that applying it to the United States legal framework could significantly transform governance by leveraging AI to scrutinise vast amounts of legal data. This would enable the identification of statutes and regulations that are seldom cited or remain dormant in practice, thus revealing "dead code" within the legal system.
Proponents assert that this initiative is predicated on data analysis rather than political motivations. As the text notes, “if a law hasn’t been cited in decades or lacks relevance in modern governance, it can be marked for deprecation.” This objective hinges on the utilisation of natural language processing (NLP) and large language models to evaluate the extensive legal documents generated annually, including court transcripts and administrative rulings, which amount to billions of words.
The proposed changes aim to alleviate the burdens currently faced by small businesses engaged in federal compliance, with studies indicating they spend an average of over 80 hours each year navigating these complexities. Streamlining statutes could diminish regulatory challenges and foster greater clarity for both citizens and companies.
While there are concerns regarding the potential risks associated with AI-driven reforms, such as the accidental exclusion of relevant but inactive laws, it is acknowledged that any changes must be carried out in collaboration with legal experts. The process of refactoring is considered iterative, ensuring that flagged provisions undergo thorough review to maintain the integrity of essential laws.
Scepticism exists about relying on machines to navigate such intricate legal landscapes; however, the scale of the U.S. Code has historically overwhelmed human efforts to streamline it. The article identifies a trend in the private sector where businesses effectively employ AI to manage extensive corporate policies. The question arises: if such methodologies are effective for major corporations, why not extend these principles to governmental processes?
As the conversation surrounding the optimisation of America’s legal infrastructure unfolds, the emphasis is placed on the necessity of maintaining a system that is both effective and relevant to contemporary society. Advocates argue that modernising the U.S. Code of Federal Regulations is a crucial step not merely towards efficiency, but in safeguarding the accessibility and functionality of the law as it adapts to the demands of the 21st century. The enduring challenge facing lawmakers is whether the country can afford to delay this formidable transformation.
Source: Noah Wire Services