Former President Donald Trump announced on Monday his intention to sign an executive order this week designed to limit states from enacting their own regulations concerning artificial intelligence technology. Trump stated on Truth Social, "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."
Trump emphasized the need for a unified regulatory framework, stating, "There must be only One Rulebook if we are going to continue to lead in AI." He warned that a fragmented regulatory landscape, with individual states creating disparate rules, could jeopardize the United States' lead in AI development, potentially leading to its destruction "in its infancy."
This announcement follows a recent legislative setback in the Senate, where an attempt to preempt state AI regulations failed to be included in a defense budget bill. The rapid pace of AI development, coupled with a perceived lack of comprehensive federal consumer protections, has prompted various states to advance their own regulatory measures. Examples include California's AI safety and transparency bill, SB 53, and Tennessee's ELVIS Act, which protects musicians and performers from unauthorized AI-generated deepfakes.
Advocates for federal preemption, including figures like OpenAI President Greg Brockman and White House "AI czar" David Sacks, have argued that a patchwork of state laws could stifle innovation and impede the U.S.'s competitive position against nations like China. However, proponents of states' regulatory authority contend that such claims of impeding AI progress are unfounded.
A leaked draft of Trump's proposed executive order indicates plans for an "AI Litigation Task Force" to challenge state AI laws in court, direct federal agencies to evaluate "onerous" state regulations, and encourage the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) to establish national standards that would supersede state rules. The order would also reportedly grant David Sacks significant influence over AI policy.
The move has generated bipartisan opposition. New York Assembly member Alex Bores, sponsor of New York's RAISE Act, stated that the order amounts to a "massive handout" for AI billionaires with "zero consideration for the risks to our kids, to our safety, and to our jobs." Previously, a proposal by Senator Ted Cruz (R-TX) for a 10-year moratorium on state AI legislation was rejected 99-1 in the Senate earlier this year, signaling broad congressional resistance to limiting state oversight. Republican politicians, including Rep. Marjorie Taylor Greene (R-GA), Gov. Ron DeSantis (R-FL), and Sen. Marco Rubio (R-FL), have also voiced concerns, emphasizing the importance of federalism and states' rights to legislate for their citizens' benefit.
Over 35 state attorneys general and more than 200 state lawmakers have issued warnings against overriding state AI laws, citing potential "disastrous consequences" and setbacks for AI safety. Concerns around AI's societal impact have included reported cases of "AI psychosis" and deaths by suicide following interactions with AI chatbots.
