Bipartisan Backlash: Why States Are Fighting Federal AI Regulation

The Growing Conflict: States vs. Federal Control of AI

A surprising coalition is forming in Washington D.C. – and it’s largely against a push for the federal government to block states from regulating artificial intelligence (AI). From Steve Bannon to Elizabeth Warren, a bipartisan backlash is erupting over recent efforts to assert federal control, raising questions about the future of AI governance in the United States. This article explores the reasons behind this opposition, the key players involved, and what it means for the development and deployment of AI technology.

The Push for Federal Preemption

The current movement to preempt state AI regulations began early this week, spearheaded by House Republicans and the White House. The strategy involves attaching legislation to the National Defense Authorization Act (NDAA), a “must-pass” bill, to ensure its passage. Representative Steve Scalise, R-La., initially proposed this approach, aiming to override states' ability to legislate AI. This echoes a previous attempt over the summer, highlighting a persistent effort to centralize AI regulation at the federal level. Learn more about previous attempts.

Trump's Endorsement and Silicon Valley Support

Adding another layer of complexity, former President Donald Trump voiced his support for a ban on state AI regulation via Truth Social, arguing it would bolster the U.S. economy. This endorsement was amplified by White House AI czar David Sacks and prominent Silicon Valley venture capitalists like Marc Andreesen, who emphasized the need for federal legislation to avoid a “startup killer” patchwork of state laws. However, this support is not universal within the Republican party.

The Republican Divide: DeSantis and the MAGA Wing

Florida Governor Ron DeSantis publicly denounced the federal preemption efforts, arguing they represent an insult to voters and an overreach of federal power. Furthermore, influential figures within the Republican party’s MAGA wing, such as Steve Bannon, have also criticized the move, advocating for sensible AI regulations. Bannon pointed out the irony of AI companies facing less regulation than businesses seeking permits for seemingly mundane activities.

A Poll Reveals Public Opposition

A recent poll conducted by YouGov in partnership with the Institute for Family Studies revealed that a significant 3-to-1 majority of surveyed adults oppose congressional preemption efforts on AI. This demonstrates a widespread public desire for states to retain the authority to regulate AI within their borders.

State-Level Initiatives: The RAISE Act in New York

New York State’s RAISE Act serves as a prime example of state-level AI regulation. This act, already passed by the state legislature and awaiting Governor Kathy Hochul’s signature, aims to impose safety-monitoring and evaluation requirements on large AI companies. It exemplifies the proactive approach states are taking to address the potential risks and benefits of AI.

Concerns About a Regulatory Vacuum

Opponents of federal preemption argue that it could create a regulatory vacuum, particularly given the slow pace of federal AI legislation. They fear that blocking state laws without sufficient federal replacements would leave Americans vulnerable to the potential harms of AI. Furthermore, some argue that a federal monopoly on AI legislation would threaten American liberty.

Protecting Liberties and Fostering Innovation

Mark Beall, president of the AI Policy Network, emphasizes the need for “guardrails” to ensure AI is used responsibly. He argues that sensible AI regulation can allow Americans to retain their civil liberties while enabling tech companies to compete with China on cutting-edge AI technology. The goal is to strike a balance between innovation and protection.

An Emerging Coalition: A Horseshoe of Opposition

Max Bodach, executive vice president of a right-leaning tech think tank, highlights the emergence of a unique “horseshoe” coalition opposing the preemption efforts. This coalition includes center-left veterans of the “tech-lash” fight, tech-skeptical social conservatives, and America First populists, demonstrating a broad consensus against centralized AI control. Explore the complexities of this coalition.

Senators Warren and Markey Weigh In

Massachusetts Democratic Senators Elizabeth Warren and Ed Markey released a joint statement strongly opposing the preemption efforts, warning that it would block state policymakers from enacting crucial protections for children, combating deepfakes, and addressing other potential harms of AI. They characterized the moratorium as a “massive giveaway to Big Tech.”

The Future of AI Regulation: A Complex Landscape

The fight over AI regulation is far from over. A leaked draft executive order further complicates the situation, although its ultimate fate remains uncertain. As the debate continues, it’s clear that the balance of power between state and federal governments in shaping the future of AI will have significant implications for innovation, privacy, and civil liberties.