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Trump Plans Executive Order to Override State AI Regulations Amid Bipartisan Opposition

J.D. Vance, Peter Thiel, Vivek Ramaswamy, Donald Trump, David Sacks

Image Credits:Bryce Durbin

Trump Proposes Executive Order to Centralize AI Regulation

President Donald Trump announced on Monday his intention to sign an executive order this week aimed at curtailing states’ abilities to set their own regulations for artificial intelligence (AI) technology. The move comes as the rapid development of AI continues to spark debates over appropriate oversight and safety measures.

One Rule for AI

In a post on social media, Trump proclaimed, “I will be doing a ONE RULE Executive Order this week. You can’t expect a company to get 50 Approvals every time they want to do something.” He emphasized the need for a singular regulatory framework, stating, “There must be only One Rulebook if we are going to continue to lead in AI.” Trump expressed concerns that allowing individual states to create their own regulations could jeopardize the United States’ competitive edge in AI development against countries like China.

“If we are going to have 50 States, many of them bad actors, involved in RULES and the APPROVAL PROCESS…AI WILL BE DESTROYED IN ITS INFANCY!” he warned.

Context of the Announcement

This announcement comes shortly after a Senate effort to prevent states from regulating AI failed to gain traction, reflecting ongoing tensions in Congress around tech oversight. The lack of comprehensive federal consumer protections has spurred many states to introduce their own regulations. For instance, California recently passed the AI safety and transparency bill, SB 53, while Tennessee enacted the ELVIS Act, which safeguards musicians from unauthorized AI-generated depictions.

Some influential figures in Silicon Valley, such as OpenAI President Greg Brockman and White House “AI czar” David Sacks, argue that a patchwork of state laws could hinder innovation and threaten U.S. competitiveness in the global AI landscape. However, advocates for state regulation counter that there is no substantiated evidence to suggest that such laws would impede AI progress.

Details of the Proposed Executive Order

A leaked draft of Trump’s executive order reveals plans to establish an “AI Litigation Task Force” aimed at challenging state laws in court. The order would require federal agencies to review state regulations considered “onerous” and push the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) to adopt national standards that would supersede state laws.

Moreover, the order would grant David Sacks an influential role in shaping AI policy, reducing the President’s reliance on the White House Office of Science and Technology Policy.

Opposition from Lawmakers

The proposition of limiting states’ power to regulate AI has faced significant backlash from both sides of the political aisle. Earlier this year, a proposal by Senator Ted Cruz (R-TX) to impose a 10-year ban on AI legislation was overwhelmingly rejected in a bipartisan vote of 99-1, indicating widespread agreement on the necessity for tech oversight.

Republican lawmakers have also voiced concerns. Rep. Marjorie Taylor Greene (R-GA) asserted on social media, “States must retain the right to regulate and make laws on AI… Federalism must be preserved.” Similarly, Florida Governor Ron DeSantis stated, “I oppose stripping Florida of our ability to legislate in the best interest of the people. A ten-year AI moratorium would prevent FL from enacting important protections for individuals and families.”

DeSantis has previously criticized data centers for potentially draining local resources and harming job growth, calling the rise of AI “the most significant economic and cultural shift occurring at the moment.” He emphasized the need for state-level control to channel technologies productively and to avoid federal overreach.

The Human Impact of AI

The urgency for regulations has been heightened due to alarming reports concerning AI’s impact on mental health. Instances of suicide associated with prolonged interactions with AI chatbots have surfaced, alongside an increase in cases termed “AI psychosis,” indicating a potential need for consumer protections in the realm of AI.

A bipartisan group of over 35 state attorneys general recently cautioned Congress that overriding state AI regulations could lead to “disastrous consequences.” Additionally, more than 200 state lawmakers have signed an open letter opposing federal preemption and advocating for local control on AI safety matters.

New York Assembly member Alex Bores, a sponsor of the state’s RAISE Act, criticized the executive order, suggesting it benefits tech billionaires while sidelining serious concerns about safety and economic impact. He stated, “Christmas comes early for AI billionaires who keep getting exactly what they want from The White House: a massive handout that makes it that much easier for them to make massive profits for themselves with exactly zero consideration for the risks to our kids, our safety, and our jobs.”

Conclusion

As Trump prepares to issue his executive order aimed at consolidating control over AI regulation, the debate over the role of federal versus state authority in tech oversight is intensifying. Both advocates and opponents of federal preemption are concerned about the implications for consumer safety, innovation, and the evolving landscape of AI technologies. The upcoming move will undoubtedly have significant repercussions, stirring further discussions in Congress and across state legislatures about how best to manage and regulate AI technology moving forward.

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