Former President Donald Trump got a head start on this by signing an industry-friendly executive order. This order will prevent a patchwork of different regulations across individual states from developing their own rules on artificial intelligence (AI) technology. Tensions are escalating between federal and state legislators. At the same time, states such as California and Tennessee are advancing on their own AI-related legislation. Trump’s plan is to direct agencies to develop a whole-of-nation response to AI. He says without it, the United States doesn’t stand a chance at retaining its leadership in the rate of innovation in technology.
The executive order is expected to create an “AI Litigation Task Force.” This task force will work proactively to challenge any state law deemed as overly restrictive or burdensome. Agencies will be required to review these state regulations. Their aim is to get the Federal Communications Commission and the Federal Trade Commission to impose national standards that trump local laws.
California’s AI safety and transparency bill, known as SB 53, and Tennessee’s ELVIS Act, which protects musicians from unauthorized AI-generated deepfakes, exemplify the types of state initiatives that could come under scrutiny should Trump’s order move forward. New York Assembly member Alex Bores, a lead sponsor of the RAISE Act. This act further provides support for efforts across the state to strengthen AI regulations.
That’s when Trump made his decision very clear. He continued, “There can be just One Rulebook if we are to remain at the forefront of AI innovation.” His comments are a clear indication of the direction of the strategy when they mention creating the most efficient and effective regulatory environment nationwide.
Unlike many of his other policies, bipartisan opposition to Trump’s plan has already proved intense. More than 35 state AGs just sent a letter warning that preempting state AI laws would lead to “disastrous consequences.” Over 200 of their state legislative colleagues have signed onto an open letter opposing federal preemption. They claim that it would unnecessarily slow development in AI safety.
It’s no surprise then that Republican Florida Governor Ron DeSantis is pumping the brakes on federal intervention. In his view, it would erode Florida’s ability to make decisions in the best interest of Floridians.
“I don’t support taking away Florida’s prerogative to legislate in the way that we think is best for Floridians,” DeSantis said. And as he encouraged better local governance to create regulations better protecting families and people.
“We can’t let a ten-year AI moratorium make state regulation illegal,” he continued. “This would stop Florida from being able to pass key protections that save these people’s lives, children’s lives and families’ lives.”
As a result, Senator Marco Rubio has warned Trump not to pursue the executive order, instead urging him to “leave AI to the states.” We particularly appreciate Rep. Marjorie Taylor Greene’s bold state’s rights approach, empowering state governments to be the primary regulators of AI and everything else, to do what’s best for their citizens. We couldn’t agree more with Creswell’s focus on maintaining federalism in this space.
Supporters of the President’s smart city initiative would contend that a unified national policy is needed to prevent a patchwork regulatory environment. Silicon Valley figures, including OpenAI President Greg Brockman, contend that varying state laws would create an unworkable patchwork that stifles innovation.
Opponents argue that placing corporate profits above public safety would be disastrous. Alex Bores voiced concerns about the impact of such policies, saying, “Christmas comes early for AI billionaires who keep getting exactly what they want from The White House: a massive handout that makes it that much easier for them to make massive profits for themselves with exactly zero consideration for the risks to our kids, to our safety, and to our jobs.”
Congress duly and overwhelmingly rejected it, voting 396-1 against the measure.
As you know, the conversations around AI regulations are increasingly intensifying. That state-federal tension and uncertainty illustrates just how difficult it can be to govern emerging technologies. Here’s how Trump’s potential executive order could drastically overhaul the field of AI regulation in the United States. Whatever the shortcomings of this decision, it may nonetheless lay important precedent for future policy.
