Limiting The Variety Of Limits On AI

The Trump Administration has issued a new Executive Order (EO) seeking to bring uniformity to the development – and just as importantly – the regulation of artificial intelligence. The new EO puts into place a “multi-pronged” program to bring national uniformity to the development effort. It directs the Justice Department to create a task force to challenge state AI laws it deems unconstitutional or preempted by federal authority; the Commerce Department must identify “onerous” state AI laws and may recommend withholding broadband and infrastructure funds from such states; the Federal Trade Commission and Federal Communications Commission will clarify how their authorities preempt state AI laws; and the White House will draft legislation proposing a uniform federal AI framework, while preserving state authority in areas like child safety, data centers and AI procurement. While some states may elect to challenge the EO, it is noted that carve outs in the EO indicate that the administration will not block state efforts to pursue child safety, manage AI data center infrastructure, and accelerate state government procurement and use of AI.