State AI Regulation Ban Clears U.S. House of Representatives
The U.S. House of Representatives passed a significant piece of legislation that includes a controversial 10-year moratorium on state regulation of artificial intelligence (AI). This decision opens the door for further deliberation in the U.S. Senate, where the bill will undergo additional scrutiny.
Legislative Background
The proposed regulatory ban has faced considerable pushback from various stakeholders, including state officials and technology experts. Critics argue that the legislation undermines state authority and prevents local governments from enforcing laws aimed at protecting their residents from potential AI-related harms. The bill, titled the One Big Beautiful Bill Act, passed with a narrow vote of 215 to 214.
Implications of the Moratorium
The legislation specifies that no state or local government “may enforce any law or regulation regulating artificial intelligence models, artificial intelligence systems, or automated decisions” during the next decade. This sweeping preemption applies to existing laws in both red and blue states, effectively tying the hands of state officials who wish to implement or maintain regulations on AI tools.
Travis Hall, director for state engagement at the Center for Democracy and Technology, emphasized that this provision would constrain state authorities from enforcing established laws focused on AI technology.
Concerns About AI Regulation
Brad Carson, president of Americans for Responsible Innovation, highlighted the risks associated with this moratorium, suggesting that it could leave residents vulnerable to various harms, including bias, misinformation, and data security issues. He pointed out that the arguments supporting the federal preemption rely on the assumption that the federal government will eventually implement broad protections for the public.
Senate Considerations and Challenges
The bill is likely to encounter challenges in the Senate, particularly due to the Byrd Rule, which prohibits the inclusion of “extraneous matter” in budget reconciliation bills. This rule aims to maintain the integrity of the budget reform process, and provisions that primarily limit state legislative authority could be deemed in violation.
Tim Storey, CEO of the National Conference of State Legislatures, expressed concerns that the ban on state AI laws would violate the Byrd Rule, as it does not directly relate to budgetary outcomes.
Responses from State Officials
In response to the proposed ban, 40 state attorneys general signed a letter opposing the amendment. They warned that a broad moratorium could severely hinder state efforts to mitigate known AI-related harms and create significant risks for residents. Specific examples of potential dangers include the inability to enforce laws against AI-generated explicit material and deepfakes designed to mislead voters.
Some officials, such as Colorado Governor Jared Polis, have shown partial support for the moratorium, citing that his state’s generative AI policy aligns with federal standards. However, overall, the sentiment among state officials leans towards opposition, emphasizing the need for state-level governance to address the challenges posed by emerging technologies.
Expert Opinions
Experts have speculated about the future of AI policy under the current administration, with many expecting some level of federal deregulation. Nonetheless, there is a prevailing belief that state and local governments will continue to pursue their own AI protections.
During a recent hearing by the U.S. House Energy and Commerce Subcommittee, lawmakers and witnesses raised concerns that the moratorium primarily benefits big tech companies, rather than American families.
Conclusion
The passage of the AI regulation ban marks a significant shift in how artificial intelligence will be governed in the United States. As the legislation moves to the Senate, the potential implications for state sovereignty and the protection of residents against the risks posed by AI technologies will remain a contentious topic of discussion.
