Bipartisan AGs Urge FCC to Refrain from Preempting State AI Laws
A bipartisan coalition of twenty-three Attorneys General (AGs) has submitted reply comments to the Federal Communications Commission (FCC) in response to a notice of inquiry issued in September 2025. This inquiry examines whether the FCC should preempt state and local laws that regulate artificial intelligence (AI).
Arguments Against Preemption
In their filing, the AGs contend that the FCC lacks statutory authority to preempt state AI laws. They argue that any attempt to do so would undermine the states’ ability to protect consumers and address various harms arising from AI systems and other automated tools. Historically, these tools have been regulated under consumer protection and privacy laws.
Concerns Over Vagueness
The coalition further asserts that the notice issued by the FCC is too vague under the Administrative Procedure Act to warrant any decisive agency action. This vagueness raises concerns about the regulatory clarity necessary for effective governance of AI technologies.
Call to Action
The AGs strongly urge the FCC to refrain from issuing any declaratory ruling that would preempt state AI laws. Instead, they advocate for Congress to determine whether and how federal preemption should be implemented in this critical area of regulation.
Previous Initiatives
This coalition is not the first to oppose federal preemption of state AI laws. Previously, bipartisan AG initiatives included a letter to congressional leaders urging them to reject efforts to incorporate a ban on state AI laws into federal legislation. Additionally, a nationwide bipartisan Task Force on AI has been launched to address these pressing concerns.
The ongoing dialogue surrounding state and federal authority in regulating AI technologies highlights the complexities and challenges faced in ensuring consumer protection while fostering innovation in a rapidly evolving technological landscape.
