States Push Back Against Proposed Federal AI Regulation Ban

On Tuesday, nearly 40 attorneys general from various states sent a letter to congressional leaders advocating against a proposed ban on state-level artificial intelligence (AI) regulations. The letter, signed by 36 attorneys general, emphasized the necessity for states to maintain the authority to enact laws addressing the risks associated with AI technologies. They expressed concerns over issues such as deepfakes, scams, and the potential for AI to negatively impact mental health, particularly among children. The attorneys general highlighted alarming instances where AI chatbots have engaged minors in inappropriate conversations, including discussions that promote self-harm and unhealthy behaviors.

The Hill

The push for a federal ban on state AI laws coincides with House GOP leadership's efforts to include such a provision in the upcoming military funding bill. This initiative follows a previous attempt by Senator Ted Cruz (R-Texas) to incorporate a similar ban into President Donald Trump's One Big Beautiful Bill Act, which faced opposition from Senator Marsha Blackburn (R-Tenn.). North Carolina Attorney General Jeff Jackson, who spearheaded the letter, stated, “If they strip away state authority, they’re going to make it easier for criminals and scammers to hurt people.”

The Hill

In parallel, a pro-AI super PAC named "Leading The Future," backed by prominent figures such as Greg Brockman of OpenAI and Joe Lonsdale of Palantir, is investing over $100 million to influence AI regulation in favor of the industry. The PAC aims to create a uniform national approach to AI regulation, countering state-level initiatives like New York's Responsible AI Safety and Education (RAISE) Act, which seeks to impose stricter safety measures on AI companies. The PAC's campaign includes a $10 million push to advocate for federal standards that would potentially override state regulations perceived as hindering innovation.

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The super PAC's efforts come amid a broader Republican push for a moratorium on state AI laws, which could jeopardize existing child safety legislation related to AI. This moratorium may be introduced as a standalone bill or attached to critical legislation, such as the National Defense Authorization Act, set for a vote next month. President Trump has publicly supported the idea of a single federal standard, asserting that the U.S. “MUST have one Federal Standard instead of a patchwork of 50 State Regulatory Regimes.”

Gizmodo

While the push for a federal ban on state AI regulations is gaining traction among some lawmakers, there is significant opposition from state officials and legislators who argue that such a move would stifle democratic debate and hinder responsive policymaking. Over 200 state lawmakers have also signed a letter urging Congress to reject efforts to preempt state regulations, emphasizing the need for local solutions to address the challenges posed by AI.

The Hill

As discussions continue, the potential for an executive order from Trump to establish an "AI Litigation Task Force" remains a possibility, which would challenge state laws deemed in violation of federal regulations. The evolving landscape of AI regulation in the U.S. highlights the tension between federal oversight and state authority, with significant implications for the future of AI governance.

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• “If they strip away state authority, they’re going to make it easier for criminals and scammers to hurt people.” — Jeff Jackson, North Carolina Attorney General

The Hill

• “A blanket prohibition on state and local AI and automated decision-system regulation would abruptly cut off active democratic debate in statehouses and impose a sweeping pause on policymaking at the very moment when communities are seeking responsive solutions,” — Group of State Lawmakers

The Hill

• “MUST have one Federal Standard instead of a patchwork of 50 State Regulatory Regimes.” — Donald Trump, Former President

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