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MONDAY, FEBRUARY 23, 2026
Analysis2 min read

What we’re watching next in other

By Jordan Vale

Military drone technology in flight

Image / Photo by Lance Asper on Unsplash

The Federal Register just signaled a new era of AI regulation.

A new entry in the Federal Register marks the United States’ latest step toward formal governance of artificial intelligence, with federal agencies signaling forthcoming rulemaking that could shape how AI is designed, documented, and deployed across sectors. The moment comes as NIST rolls out updated AI risk management guidance to align agencies and industry on common controls, and as civil liberties advocates at the EFF scrutinize the move for potential privacy and rights protections. Taken together, the triad of signals suggests a multi-year, multi-agency push toward a more rules-based AI landscape—without yet delivering the final playbook.

What we know: the posting does not yet spell out the full requirements, deadlines, or penalties. But policy documents show a clear intent to impose formal risk management expectations on AI systems that touch critical domains—especially where safety, privacy, or discrimination risk is highest. The ruling specifies that regulators will likely demand stronger documentation, governance around training data, and oversight of how AI systems are tested before deployment. Enforcement, when it arrives, will hinge on ensuring that developers and deployers can demonstrate responsible design and ongoing monitoring. The precise scope—who must comply, which systems count as high-risk, and what constitutes “adequate” risk controls—remains to be hammered out in the rulemaking process.

For industry, this is a wake-up call that compliance won’t be optional for long. Corporate boards should anticipate phased timelines, potential interim requirements, and the need to align product roadmaps with federal expectations. The NIST RMF (risk management framework) updates are likely to serve as a backbone for these rules, offering a familiar ladder of controls for governance, risk assessment, and third-party risk management. That alignment is crucial for multinational teams that already juggle EU rules and domestic privacy statutes, but it also foreshadows a new layer of internal controls—things like model cards, data provenance logs, and audit trails that must be stitched into development sprints. For smaller players, the challenge will be balancing thorough compliance with the speed of innovation, possibly through scaled processes or trusted partners who can bear part of the governance burden.

For the public, tighter governance could translate into clearer explanations about how AI is used, when it affects decisions, and what rights individuals hold in relation to automated outputs. The EFF’s lens—civil liberties, transparency, and fair treatment—will continue to push for robust protections that keep private data safe and ensure meaningful recourse when systems err or discriminate. Regulators will need to thread the needle between encouraging responsible innovation and delivering meaningful safeguards, a balance that will shape consumer trust and market dynamics for years to come.

What we’re watching next in other

  • Scope and definitions: how “AI” is defined and which systems are labeled high-risk.
  • Timeline and compliance phases: whether there will be a phased approach or a single, hard deadline.
  • Enforcement framework and penalties: how violations will be detected, sanctioned, and remedied.
  • Data provenance and transparency: requirements for datasets, model cards, and disclosure of governing principles.
  • International alignment: how U.S. rules will interact with EU rules and other jurisdictions.
  • Sources

  • Federal Register - AI
  • EFF Updates
  • NIST News

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