Donald Trump is considering an executive order that would assign the federal government exclusive control over regulating artificial intelligence, potentially forming an “AI Litigation Task Force” under the attorney general’s leadership. This group would have the authority to take legal action against states whose regulations impede AI development, particularly focusing on recent laws from California and Colorado. Trump has reiterated his desire for a pause on state AI legislation, characterizing it as a way to push back against what he refers to as “woke” ideology. He has emphasized the need for a unified national approach to avoid a disjointed regulatory environment.
Earlier this year, Trump instructed various federal agencies to find ways to work around state regulations seen as obstacles to the growth of the AI industry. The draft executive order includes a 90-day plan for crucial agencies like the Federal Trade Commission and the Federal Communications Commission to comply with these policies and generate relevant reports. The Secretary of Commerce is tasked with identifying states that conflict with federal AI guidelines and examining whether certain states qualify for federal broadband funding. Additionally, the FTC will determine if state laws affecting AI algorithms breach regulations against unfair practices.
While the FCC Commissioner mentioned the possibility of federal authorities overriding state laws that are harmful to AI advancement, such federal authority may encounter legal hurdles. Reports indicate that this executive order is a backup plan in the event Congress does not implement a moratorium on state AI laws within the reauthorization of the National Defense Authorization Act. Previous efforts to incorporate a moratorium into Trump’s legislative agenda faced bipartisan opposition, and although there are talks in Congress to revisit this strategy via the NDAA, skepticism remains about the impact of penalties on larger states like California.
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