President Donald Trump signed a long-awaited executive order on Thursday that sets in motion a plan to establish a national regulatory framework for artificial intelligence while limiting states’ ability to make their own rules.
Order, entitled “Providing a National Policy Framework for Artificial Intelligence”, Creates an AI Litigation Task Force at the Department of Justice to directly challenge state AI laws that the administration deems inconsistent with federal policy. It also directs the Commerce Department to develop guidelines that could make states ineligible for future broadband funding if they adopt “onerous” AI regulations.
The push for radical federal preemption of state AI laws has been largely driven by AI investors, conservative policy shops and tech industry trade groups. These groups argued that a patchwork approach to AI regulation could stunt Silicon Valley’s AI boom and reduce America’s international competitiveness. White House Artificial Intelligence and Cryptocurrency Advisor David Sacks is one of the most vocal advocates of a light-touch approach to regulating artificial intelligence.
“The executive order gives the administration the tools to reject the most burdensome and excessive state regulations,” Sacks told Trump at Thursday’s signing ceremony. “We will not push away from everyone. For example, we will protect the safety of children.”
The order is similar in many respects to the earlier design obtained by WIRED, but with a few key differences. The executive order directs Sacks and Michael Kratsios, assistant to the president for science and technology, to prepare a legislative recommendation establishing a federal artificial intelligence policy framework. One of the recent additions is a section in this legislative recommendation that asks Congress not to preempt state AI laws that aim to protect children, promote data center infrastructure, and encourage state governments to acquire AI tools.
“We want one central source of approval, and we have a lot of Republican support. I think we probably have Democratic support, too, because it’s common sense,” Trump said at Thursday’s signing ceremony. “Whenever you make a change, and it could be a very reasonable change, you’re not going to get it approved if you have to go to 50 states. That centralizes it.”
In the absence of federal regulations, officials in states across the country have pushed their own investigations and regulations governing the employ and development of artificial intelligence. Trump’s executive order specifically mentions some state AI laws – such as Colorado’s SB24-205, which aims to limit “algorithmic discrimination” in AI models – as an attempt to “embed ideological bias.”
Several other state AI laws may also be targeted by this executive order. California Gov. Gavin Newsom signed a bill in September requiring vast tech companies to publish security frameworks for their artificial intelligence models. In June, the Up-to-date York Legislature passed a bill that would authorize the state’s attorney general to impose civil penalties of up to $30 million on AI developers who fail to meet security standards. This bill is currently on Up-to-date York Governor Kathy Hochul’s desk, awaiting her signature or veto – although apparently considering amendments this could significantly weaken the bill.