State attorneys general across the US signed a bipartisan letter on Tuesday urging Congress to “not inject an AI moratorium” into the National Defense Authorization Act (NDAA).
The letter expressed concern about numerous risks posed by AI, including “scams” and “delusional generative AI outputs” which endanger mental health, and AI tools “engaging children in highly inappropriate ways.” It warned that rushing into sweeping federal preemption of state rules could have serious consequences, potentially preventing states from responding quickly to emerging risks. The letter also noted that many states have already taken steps to fill these gaps, with twenty of them adopting comprehensive data privacy laws. Other states have gone even further, with California enacting the Transparency in Frontier Artificial Intelligence Act (TFAIA) in September, requiring developers to adopt numerous transparency, safety, and accountability measures.
An effort to ban AI regulation for a ten-year period was previously rejected in a 99-1 Senate vote on an amendment to a budget reconciliation bill in July. House Republicans are reportedly considering adding a similar last-minute measure to the NDAA, a bill that sets out appropriations for “defense-related activities.” In a TruthSocial post on November 18, President Trump stated that “overregulation by the States is threatening to undermine this Growth Engine,” calling for “one Federal Standard.” An executive order was issued on Monday entitled “Launching the Genesis Mission,” a national effort aimed at ushering a new era of AI-driven innovation and scientific progress. In addition, a draft executive order is circulating that would create an AI Litigation Task Force “to challenge State AI laws.”
The attorneys general’s letter has been echoed by over 270 state lawmakers. Executive Director for Americans for Responsible Innovation (ARI), Eric Gastfriend, said that the preemption measure would face “broad-based opposition (…) from lawmakers across the political spectrum and consumer safeguard groups.”
