Kenji Yoshino, Chief Justice Earl Warren Professor of Constitutional Law at New York University School of Law and a member of Meta’s Oversight Board, joins Kevin Frazier, director of the AI Innovation and Law Program at the University of Texas School of Law and Senior Editor at Lawfare, and guest co-host Lawfare Senior Editor Kate Klonick, to discuss what frontier AI companies can learn from the Oversight Board. Yoshino recently co-authored a Tech Policy Press piece with fellow Board member Ronaldo Lemos arguing that meaningful AI oversight should feature independent and representative overseers, external standards, and transparent, reasoned decisions.

The trio tests that proposal against some of the hardest questions raised by the Oversight Board’s own experience. Can a selective, precedent-setting institution provide meaningful oversight at AI scale? What gives a privately created board legitimacy to constrain decisions with global consequences? What powers would an AI oversight body actually need? And when does private oversight complement democratic regulation—and when might it merely give corporate power a new source of legitimacy?

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