Donald Trump has said he will issue a big executive order this week on that. This executive order would establish a coherent and consistent regulatory regime for artificial intelligence nationwide. Titled the “ONE RULE Executive Order,” the initiative seeks to create an “AI Litigation Task Force” that will challenge state-level AI laws in court, marking a pivotal shift in the ongoing debate over AI governance.
The new executive order follows an effort in the Senate only a few days earlier to prevent states from acting against AI that was shot down. What’s especially important about Trump’s directive is that it will force federal agencies to seriously evaluate state laws that they deem “onerous.” That would pave the way for federal standards to preempt existing state regulations. Advocates for a national approach, including prominent figures from Silicon Valley such as OpenAI President Greg Brockman and White House ‘AI czar’ David Sacks, have voiced their support for this initiative.
Most importantly, Trump seems to think that there should be one entire regulatory regime for AI. This belief is at the core of his rationale for the forthcoming executive order. He stated, “There must be only One Rulebook if we are going to continue to lead in AI.” This perspective highlights concerns that allowing 50 states to implement their own AI rules could hinder innovation and development in the burgeoning field of artificial intelligence.
When a draft of the executive order leaked a few weeks ago, we got a look at some of the real meat of the proposal. In it, Trump’s called for a package of smart regulations that encourage development, while limiting the amount of fragmentation across state boundaries. We’ve got a lot of new industry support for this approach. They make the case that a unified regulatory landscape will be key to keeping the US competitive while developing AI technology.
It has not been without its controversy.
Reactions
Some lawmakers, including Senator Marco Rubio, have cautioned Trump against issuing the executive order. Ideologically, they think that the states should only be allowed to regulate AI in ways that they want their states to regulate AI. Rubio’s caution should strike a chord with fellow federalism-minded politicians. They argue that local governments are best positioned to respond to the unique needs and community concerns that AI raises.
“States must retain the right to regulate and make laws on AI and anything else for the benefit of their state. Federalism must be preserved.” – Rep. Marjorie Taylor Greene
A bipartisan coalition of more than 35 state attorneys general are urging Congress not to override state laws regulating AI, fearing “disastrous consequences.” This reluctance plays into worry about Trump’s order. Specifically, they make the case that a one-size-fits-all approach to regulation would stifle innovation and not adequately tackle any number of unique regional challenges.
To meet this growing concern, a courageous group of state legislators have come together. They released an open letter, opposing a federal preemption of state AI legislation. More than 200 lawmakers have signed this letter, emphasizing their belief that local regulations should remain intact to protect citizens from potential risks associated with unchecked AI development.
Perhaps most strikingly, some legislators have gone even further in reaction to the quickly intensifying discussion around how to govern this rapidly emerging and oft-discussed technology. Senator Ted Cruz even introduced a ten-year moratorium on any AI legislation. Yet the proposal was soundly defeated, 99-1. This rejection indicates a strong desire among lawmakers to address the complexities of AI regulation rather than impose blanket restrictions.
Republican Florida Governor Ron DeSantis is currently moving against Trump’s 2019 executive order. Beyond the practicalities, he’s concerned about what federal oversight would mean for the future of state laws. He stated, “I oppose stripping Florida of our ability to legislate in the best interest of the people.” DeSantis’ fear is that a federal moratorium on AI regulation will prevent his state from enacting fundamental safeguards. He thinks these advanced protections are critical to keeping Floridians safe.
Critics of Trump’s approach have voiced their discontent with what they perceive as favoritism toward large tech firms at the expense of public safety and welfare. Activist Alex Bores remarked, “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, to our safety, and to our jobs.”
As Trump prepares to sign this executive order… At the same time, a battle is brewing between federal and state lawmakers over how AI should be regulated. If implemented correctly, this initiative has the potential to shift the entire tide of artificial intelligence in America. It has the potential to dramatically reshape the relationship between innovation and regulation in this fast-paced sector.
