Key facts
- More than 200 state lawmakers are calling on Congress to oppose a House proposal to preempt state AI regulations.
- The lawmakers argue the provision would prevent states from safeguarding constituents from AI-related harms.
- The proposal, part of a House discussion draft, would preempt state laws targeting AI model development for three years.
- The lawmakers expressed concern that the provision is overly broad and could be exploited by the tech industry.
- The letter draws parallels between the current AI landscape and the societal impacts of social media.
Over 200 state lawmakers from across the United States have formally urged members of the House and Senate to reject a proposal that would preempt certain state-level regulations concerning artificial intelligence for a period of three years. The lawmakers expressed serious concerns about the potential harms of AI to children, artists, creators, workers, families, and consumers.
The letter, signed by 203 state legislators, argues that the proposed preemption provision would effectively halt a wide range of state laws and impede lawmakers' ability to regulate AI during a period of rapid technological advancement. This measure is part of a discussion draft for a national AI framework being developed by Representatives Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.).
The draft specifically proposes overriding state regulations targeting the development of AI models for three years, while generally allowing state laws that govern the use or deployment of AI once released. However, the state lawmakers contend that the provision, as written, is extremely broad and could be leveraged by the tech industry in legal challenges against state measures not explicitly intended to be preempted.
Concerns about AI preemption have been discussed for over a year, with past attempts, such as a Senate moratorium on new state AI regulations, failing to pass. The lawmakers drew parallels to the emergence of social media, highlighting the negative societal impacts that have arisen from industry self-regulation. They stated that allowing "Silicon Valley to write its own rulebook" leaves families vulnerable.
While the House proposal has bipartisan backing, broader agreements on AI regulation in Congress remain elusive. In the Senate, Senator Marsha Blackburn (R-Tenn.) is reportedly leading discussions with the White House on a potential AI preemption package focused on protecting children, creators, and communities, though the specific terms of preemption are not yet clear.