Thomas Krendl Gilbert, Micah Carroll, Jonathan Stray, Smitha Milli from CHAI submitted a paper titled Trade Regulation Rule on Commercial Surveillance and Data Security Rulemaking at the Federal Trade Commission Call for Public Comment. They argue that today, regulators and policymakers focus on litigating isolated algorithmic harms, such as model bias or privacy violations. But this agenda neglects the persistent effects of AI systems on consumer populations. Meanwhile, leading research labs increasingly concentrate on such persistent effects by attempting to specify the purpose or “objective” of AI systems in ways that limit negative outcomes. Our comment highlights the need to reconcile these agendas through new forms of rulemaking so that the FTC can take an ex ante approach to AI-enabled consumer vulnerabilities. In particular, the FTC has a duty to track foreseeable harms that result from how systems make decisions based on consumer data. This tracking should be achieved by documenting how AI systems impact consumer behaviors over time.