President Trump is reportedly considering an executive order that would empower the federal government to sue states enacting their own Artificial Intelligence (AI) regulations. The proposed order also aims to block states with such laws from receiving federal broadband funding.
Key Takeaways
- Trump administration may sue states over AI laws.
- States with AI laws could lose federal broadband funding.
- Order aims to prevent a patchwork of state-specific AI regulations.
- Similar proposal by Ted Cruz in 2019 failed to gain traction.
The ‘AI Litigation Task Force’
The draft executive order, titled “Eliminating State Law Obstruction of National AI Policy,” specifically directs the Attorney General to create an “AI Litigation Task Force.” This task force would solely focus on challenging state-level AI legislation.
Potential grounds for these challenges include arguments that state laws:
- Unconstitutionally regulate interstate commerce.
- Are preempted by existing federal regulations.
- Are otherwise unlawful under the Attorney General’s judgment.
The administration’s stated goal is to establish a “minimally burdensome national standard” rather than dealing with “50 discordant State ones.” The order explicitly names laws from California and Colorado as examples and instructs the Secretary of Commerce to identify other state laws for potential legal action.
Echoes of a Failed Proposal
This move mirrors a proposal championed by Senator Ted Cruz in 2019, which aimed to strip federal funding from states imposing certain telecommunications regulations. That initiative faced overwhelming bipartisan opposition, passing the Senate with only one vote in favor, highlighting its unpopularity and the difficulty in enacting such punitive measures.
Why This Matters
This potential executive order signals a significant federal pushback against the burgeoning landscape of state-led AI regulation. While proponents argue for a unified national approach to avoid stifling innovation and creating compliance nightmares for businesses operating across state lines, critics worry this could preempt crucial state-level consumer protections and ethical guidelines. The move could also reignite debates about federal versus state authority in regulating rapidly evolving technologies like AI, potentially leading to protracted legal battles.
This article was based on reporting from Ars Technica. A huge shoutout to their team for the original coverage.
