In a recent bipartisan move, attorneys general from across the United States have cautioned Congress against incorporating an AI moratorium into the National Defense Authorization Act (NDAA). Concerns have been raised about several risks posed by artificial intelligence, ranging from scams and mental health impacts due to “delusional generative AI outputs” to the potential for engaging children in inappropriate ways. The attorneys general have stressed the importance of allowing states to maintain their regulatory authority, which ensures swift responses to evolving AI-related threats. For instance, twenty states have already taken proactive steps by enacting comprehensive data privacy laws. Notably, California introduced its Transparency in Frontier Artificial Intelligence Act in September, mandating several transparency and accountability measures for AI developers.
A previous attempt to prohibit AI regulation for a decade was overwhelmingly rejected, with a nearly unanimous 99-1 Senate vote against an amendment to a budget reconciliation bill in July. Despite this, there are ongoing efforts, particularly from some House Republicans, to introduce a similar measure within the NDAA, a critical bill setting appropriations for defense activities. In a recent post, former President Trump described state overregulation as a threat to the nation’s growth, advocating for a unified federal standard.
Adding to the federal developments, an executive order titled “Launching the Genesis Mission” was announced, marking a national initiative to advance AI-driven innovation. Alongside this, a draft executive order proposes establishing an AI Litigation Task Force to challenge state AI laws.
The attorneys general’s cautionary stance has received backing from over 270 state lawmakers, underscoring widespread concern over federal preemption of state rules. Eric Gastfriend, Executive Director for Americans for Responsible Innovation, noted that such a preemption would likely face substantial opposition across the political spectrum, as well as from consumer protection groups (Reuters).
As the debate unfolds, the emphasis remains on balancing innovation with safety, ensuring that AI development progresses responsibly without undermining state-level oversight and intervention.