The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) are intensifying their scrutiny of artificial intelligence (AI) applications within financial markets. This regulatory attention is primarily directed at AI’s role in automated trading strategies and its implications for corporate disclosure requirements.
SEC Chair Gary Gensler has repeatedly highlighted concerns regarding AI, including potential systemic risks, conflicts of interest, and data privacy issues. He noted in a recent speech that approximately 70% of trading activity in U.S. equity markets is already algorithmic, with AI expected to deepen this trend. The SEC is reportedly exploring new rules or guidance to ensure that AI models do not lead to market manipulation or unfair advantages.
Similarly, the CFTC has acknowledged the growing influence of AI in derivatives markets. CFTC Chair Rostin Behnam has emphasized the need for robust risk management frameworks around AI-driven trading, particularly concerning its potential to amplify market volatility. The commission is engaging with market participants to understand how AI is being deployed and what supervisory adjustments may be necessary.
Key areas of regulatory focus include the transparency of AI algorithms, the management of data used to train these models, and the accountability for AI-driven trading outcomes. Regulators are examining whether existing disclosure frameworks are sufficient to inform investors about a company’s use of AI, especially when AI significantly impacts financial performance or risk profiles. Some proposals suggest requiring companies to disclose their AI governance policies and the material risks associated with their AI applications.
Both agencies are operating under a mandate to foster market integrity and protect investors in an evolving technological landscape. While specific regulations are still under development, the increased rhetoric from both Chairs indicates that firms leveraging AI in trading or making AI-related disclosures can expect heightened examination as the federal government grapples with the technology’s rapid advancement.