Trump tries to preempt state AI laws via an executive order : NPR

The Trump administration is seeking to challenge state laws governing the artificial intelligence industry under an executive order signed by the president on Thursday.

The order directs the Justice Department to create an “AI Litigation Task Force” to sue states for their AI-related laws, and also directs the Federal Trade Commission and Federal Communications Commission to work with the Justice Department to follow the White House AI action plan to circumvent “burdensome” state and local regulations.

The order also directs Commerce Secretary Howard Lutnick to study whether the department could deny federal rural broadband funding to states with unfavorable artificial intelligence laws.

“We must be united,” Trump said. “China is united because they have one voice, that is President Xi. He says: do this, and this will be the end of it.”

Trump's artificial intelligence adviser, venture capitalist David Sachs, said the administration would not waive all state laws: “We're going to protect the safety of children. We're not resisting it, but we're going to move away from the most burdensome examples of government regulation.”

The executive order is almost certain to be challenged in court, and tech policy researchers say the Trump administration can't limit government regulation in this way until Congress passes the law. The order also directs Sachs to work with Congress to develop legislation.

Trump's order has drawn criticism from some of his supporters, including organizations that are part of a bipartisan effort to pass laws protecting children from harm caused by AI.

“The Trump administration is missing a huge opportunity to lead the Republican Party in a broad consultative process,” said Michael Toscano, director of the Family First technology initiative at the Institute for Family Research, a conservative think tank. “It makes no sense for a populist movement to exclude people from the most critical issue of our day. But nevertheless, this is what they are vigorously trying to do.”

“Even if everything were reversed by executive order, the chilling effect on states’ willingness to protect their residents would be enormous because now they would all be afraid of being attacked directly by the Trump administration,” said Adam Billen, vice president of Encode, a nonprofit focused on child safety and threats posed by artificial intelligence. “That’s the point of all this, is to create huge legal uncertainty and gray areas and give companies the ability to do whatever they want.”

Sachs may recommend not challenging some state laws, such as those related to child safety, if Congress does pass a national AI policy.

Although Congress has stalled passing AI regulation, dozens of states passed AI-related laws that include banning the creation of non-consensual nude images using AI technology, mandating government agencies And enterprises disclose the use of AI by requiring checks on algorithmic discrimination And whistleblower protection.

The Trump administration is pushing for less regulation of the artificial intelligence industry, citing competitive pressures with China. But Trump also recently acceptable Chip maker Nvidia will sell its second-most advanced artificial intelligence chips to China. Depending on quantityAccording to Michael Sobolik, a senior fellow at the Hudson Institute who studies U.S.-China competition, exports could end up “eroding what is our most significant advantage in the AI ​​race.”

Trump and some of his allies have repeatedly tried to stop government regulation of AI this year. Earlier this month, GOP lawmakers tried and failed to include AI preemption in the year's defense spending bill. An earlier version of the order signed on Thursday was leaked last month, sparking a wave of opposition from across the political spectrum. In July the Senate fallen moratorium on AI in the reconciliation bill he debated.

While Democrats generally support greater regulation of AI, the issue has divided Republicans. Parts of the party, including the president, welcome the support of tech billionaires, although others continue to disdain them. mistrust.

Sen. Ted Cruz of Texas, an industry ally, introduced the failed AI moratorium during debate on the reconciliation bill and stood next to Trump at the order signing ceremony on Thursday. After an attempt to remove a similar measure from a defense spending bill failed last week, Sen. Josh Hawley of Missouri published to X: “This is a terrible situation and should be left NO.”

Many Republican governors also oppose the move. Earlier in the day, Utah Gov. Spencer Cox published on X that he prefers an alternative executive order that would not include a ban on state laws. “States must help protect children and families while America accelerates its leadership in artificial intelligence,” he wrote.

“Presidential Order cannot/cannot preempt state legislative action” published Florida Governor Ron DeSantis on Monday X in response to Trump's statement True Social Post in announcing the upcoming executive order, “Congress could theoretically pre-empt the states through legislation.” DeSantis recently proposed a number of AI-related measures.

John Bergmeier, legal director of the nonprofit advocacy group Public Knowledge, agreed. “They are trying to find a way to circumvent Congress with these various theories in the executive order. From a legal perspective, I don't think they work very well.”

IN mail On Tuesday's X, Sachs suggested that the federal government could override state AI laws because it has the power to regulate interstate commerce.

Bergmeier disagreed: “States are actually allowed to regulate interstate commerce. They do this all the time. And just recently the Supreme Court said that this is normal.”

Bergmeier cited a 2023 Supreme Court decision in which the court upheld California's right to regulate the hog industry even though those rules affected farmers in other states.

NPR's Bobby Allyn contributed reporting.