In recent developments, speculation has arisen regarding a potential executive order from former President Donald Trump addressing state legislation on artificial intelligence (AI). This order aims to establish legal preemption by preventing states from enacting their own AI regulations. Key questions surrounding the order include the responsible agency within the administration, the legal frameworks to be employed, and how it would correspond with Congressional efforts to implement a similar moratorium, particularly related to the National Defense Authorization Act.
A draft of the executive order has surfaced, suggesting that Trump’s Special Advisor on AI and Crypto, David Sacks, has played a significant role in shaping AI policies despite his temporary status as a government employee. Unlike the leaks common during Trump’s previous administration, information has been more closely guarded in the current White House, hinting at heightened loyalty to the president among his aides.
The proposed executive order would not outright ban state AI laws but would empower the federal government to discourage state-level regulations. Experts suggest this could involve withholding federal funding or imposing legal action against states attempting to introduce their own AI policies. While some caution that the order might face legal challenges, others note that it could create a chilling effect on states, dissuading them from pursuing AI legislation to avoid funding complications.
Additionally, the order’s provisions would empower federal agencies, particularly the Department of Justice and the Federal Communications Commission (FCC), to assess and potentially challenge state laws deemed inconsistent with federal interests. This raises questions about the FCC’s authority over AI regulation and the implications of the proposed oversight mechanisms on state governance. The broader impact of the executive order on national AI policy and state autonomy remains uncertain as it navigates potential legal and political challenges.
Source: https://www.theverge.com/column/829938/leaked-ai-executive-order-analysis