Buried in the federal budget reconciliation bill is a provision (Section 43201) that could have devastating consequences for public safety: a blanket preemption on any state regulation of artificial intelligence (AI). While this language may seem technical or innocuous, its real-world impact is anything but, especially for women and children in Alaska. Alaska needs Sens. Murkowski and Sullivan to act now to correct this oversight.
As advocates working closely with survivors of domestic violence and sexual assault, we know the link between online abuse, real-world violence and long-term trauma is well established. AI is now being used to create deepfake pornography, which is explicit content that falsely portrays real people, often women and children, in sexual situations. This is not a theoretical concern. This is happening now and in our state. This content is used for blackmail, coercion and perpetuation of child pornography creation. We are seeing our teens struggle with a technology that provides a new tool for harassment and threats. In Alaska, where rates of sexual assault and suicide are among the highest in the country, the harms of these technologies are already being felt.
Over 40 states have taken action to regulate AI-generated pornography and other forms of deepfake abuse. These laws are often bipartisan and rooted in the simple idea that people deserve to be protected from targeted digital harassment and exploitation. Just last month, Oklahoma became the most recent state to pass legislation to curb this kind of AI misuse.
[CNN: State regulator: Proposed 10-year moratorium on AI law enforcement is ‘extremely disconcerting’]
Yet the federal budget bill would erase these protections, preempting states from addressing the threats AI poses to privacy, safety and mental health. While this may not be the intent of Congress, the consequences are clear: survivors will lose one of their last lines of defense. The only thing that stands to benefit from this clause is the pockets of Big Tech. We have seen repeatedly that Big Tech will not implement policies that impact the bottom line even it if it is the right thing to do for citizens.
Scientific research now confirms what survivors have been telling us for years: exposure to violent pornography can increase the likelihood of physical violence against women. AI makes this problem worse by giving abusers and stalkers powerful tools to create fake sexual content and share it widely, often anonymously and with devastating personal consequences. According to the National Institutes of Health, nearly one in ten women in the U.S. has been threatened with online sexual harassment, and 7% have had sexual images shared without consent, including AI-generated deepfakes. These numbers are more than statistics; they reflect real suffering, often resulting in depression, PTSD, and suicide. Victims are left with almost no recourse to have this material removed, especially if state laws are blocked.
We understand that Congress is trying to create a national framework for AI, but that must not come at the expense of public safety. Federal law should support, not override, the work states are doing to protect their residents.
Alaska cannot afford to lose ground in the fight to protect women and children from digital violence. I am asking, no, expecting, that Sens. Murkowski and Sullivan ensure any final budget legislation preserves the right of states to act. This isn’t about politics, it’s about public safety, dignity, and basic human rights.
The stakes are high. It’s time to ensure that Alaska’s most vulnerable are not left defenseless against this new wave of AI-powered abuse.
Randi Breager is executive director of AWAIC, Abused Women’s Aid in Crisis Inc. in Anchorage.
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