A sweeping executive order is being prepared that could dramatically reshape the landscape of artificial intelligence regulation in the United States. The draft document, currently marked as internal and subject to change, proposes a bold move: the Justice Department would actively sue states attempting to independently regulate AI.
The six-page plan, titled “Eliminating State Law Obstruction of National AI Policy,” aims to centralize control of AI oversight firmly within the federal government. This isn’t simply about coordination; it’s about asserting Washington’s authority over a rapidly evolving technological frontier, potentially overriding state-level initiatives.
The order envisions the immediate creation of an AI Litigation Task Force within the Justice Department, tasked with challenging state AI laws within 30 days of its enactment. This aggressive approach signals a clear intent to preempt state action and establish a unified national standard.
Beyond legal challenges, the draft order includes potential financial leverage. The Commerce Department would be directed to review state AI laws and, crucially, could withhold federal funding – including vital broadband and infrastructure investments – from states that fail to comply with federal guidelines.
The Federal Trade Commission and Federal Communications Commission would be instructed to establish nationwide AI transparency rules, effectively blocking states from implementing stricter regulations of their own. This aims to create a consistent, national approach, but at the expense of state autonomy.
The draft document doesn’t shy away from naming specific states it views as problematic. California and Colorado are explicitly cited as examples of states whose AI regulations are deemed “fear-based” and obstructive to American leadership in the field. The concern is that these state-level rules could stifle innovation and cede ground to international competitors.
This move follows a previous attempt to curtail state AI regulation through a broader legislative package that ultimately failed to gain traction in Congress. Opposition from Senate Republicans, who emphasized the need for consumer and worker protections, proved insurmountable.
The administration’s focus on AI dominance reflects a broader economic and national security agenda. Energy independence and leadership in artificial intelligence are now considered core pillars of the administration’s vision for the future.
The proposed executive order represents a significant escalation in the ongoing debate over federal versus state power in the realm of technology regulation. It’s a gamble that could redefine the relationship between Washington and the states, and potentially test the limits of presidential authority.
This isn’t an isolated incident. The administration has recently pursued similar legal action against states like California, New York, and Vermont, challenging laws related to climate and policing. These cases suggest a pattern of asserting federal prerogatives over state initiatives.
While concerns about the societal impact of AI – including its effects on employment, children, and critical infrastructure – are gaining bipartisan attention, the proposed order’s emphasis on federal control marks a notable departure for some Republicans who traditionally champion state sovereignty.
The Special Advisor for AI and Crypto is tasked with developing legislative proposals to solidify this federal framework, suggesting a long-term commitment to centralized AI regulation. The aim is to move beyond an executive order and establish a permanent legal foundation for federal control.
