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SATURDAY, FEBRUARY 21, 2026
Analysis3 min read

What we’re watching next in other

By Jordan Vale

Professional in business meeting with laptops

Image / Photo by Austin Distel on Unsplash

A wave of AI rules is cresting in Washington.

Regulators are turning talk into texture. The Federal Register is lighting up with AI-related notices, signaling a shift from debate to potential mandates, even as other bodies publish guardrails and guidance. Meanwhile, NIST’s latest AI risk-management materials are circulating inside federal and industry circles, aiming to standardize how organizations assess and communicate AI risk. Civil-liberties groups at EFF are reminding policymakers that governance must protect rights, not just speed product development. Taken together, the signals point to a coming era where AI systems face more formal scrutiny, clearer risk criteria, and consequences for non-compliance.

The immediate takeaway for compliance teams and technology leaders is pragmatic: the path from high-level ideals to enforceable rules is being drawn, but the actual rules, deadlines, and penalties remain in formation. The Federal Register suggests federal agencies will ask for more rigorous risk assessment, transparency about data and models, and accountability mechanisms. NIST’s updates are being watched as the most concrete attempt to set a common standard for how to measure and mitigate AI risk across sectors. EFF’s coverage and commentary foreshadow the friction between engineering timelines, business models, and civil rights protections that will shape how rules look in practice.

From a regulatory perspective, you can expect policy documents to push for structured risk management and clearer accountability. The guidance that agencies publish will likely influence who bears responsibility for AI failures, bias, or misuse, and how remedies or penalties would be applied. The absence of a single, sweeping deadline means early adopters may gain a strategic edge by aligning with evolving standards, while laggards risk falling out of step with future enforcement.

For regular people, this matters as a potential rise in how AI tools affect everyday life—credit, hiring, housing, digital assistants, and consumer products could be subject to more transparent data usage and clearer explanations for automated decisions. The aim is to reduce opaque decision-making, but the current pace of proposals means early-stage products could see shifting terms, evolving disclosures, and new user-rights provisions over the next 12–24 months.

Two concrete practitioner insights worth noting now:

  • Constraints, tradeoffs, and risk scoring: Compliance programs will increasingly rely on standardized risk scoring for AI systems. This means you’ll need data provenance, model lineage, and impact assessments ready for cross-checks by auditors or regulators. Tradeoffs between transparency and IP protection will persist, so expect tiered disclosures based on risk tier rather than blanket openness.
  • Failure modes to watch: Expect misalignment between claimed capabilities and actual risk. Common failure modes include underestimating data bias, overrelying on RMF-style risk scores without context, and gaps between procurement language and technical deployment. Build in independent validation, explainable-by-design reporting, and annual refresh cycles for risk assessments to avoid “paper compliance” blind spots.
  • What we’re watching next in other

  • Federal Register notices: look for proposed AI governance rules, data-use disclosures, and enforcement mechanisms from federal agencies.
  • NIST AI RMF updates: track changes to risk assessment frameworks, metrics, and guidance on third-party auditing and supply-chain risk.
  • EFF and civil-liberties input: monitor how rights-based concerns shape scope, transparency standards, and redress processes for affected individuals.
  • Timelines and interagency coordination: watch for kickoff of formal rulemaking processes, comment periods, and cross-agency memos outlining a unified approach.
  • Sources

  • Federal Register - AI
  • EFF Updates
  • NIST News

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