New developments in Washington aimed at centralizing authority over artificial intelligence (AI) regulation have sparked a significant bipartisan backlash. The recent efforts, driven by House Republicans alongside the White House, echo a previous attempt from the summer and have garnered unexpected alliance between far-right commentators and progressive activists.
“This is a coalition of nearly everyone against a handful of tech billionaires attempting to secure unchecked influence,” stated New York State Assembly Member Alex Bores, a Democrat advocating for states’ rights in AI governance. Bores emphasized that “states protecting our citizens is overwhelmingly popular and bipartisan,” highlighting the widespread concern over federal overreach in this complex domain.
A new YouGov poll in collaboration with the conservative Institute for Family Studies revealed a striking public sentiment against congressional efforts to pre-empt state regulations on AI, showing that surveyed adults opposed such measures by a margin of three to one. Bores is also a co-author of New York’s RAISE Act, which seeks to enforce safety monitoring on major AI companies. This act has successfully passed the state legislature and is currently awaiting Governor Kathy Hochul’s approval.
The push for federal pre-emption gained momentum early this week, with Rep. Steve Scalise from Louisiana hinting at his intention to incorporate legislation restricting state control over AI into the National Defense Authorization Act (NDAA)—a significant legislative vehicle often stuffed with unrelated amendments due to its must-pass status.
The response to this initiative was swift. Senator Brian Schatz, a Democrat from Hawaii, labeled the proposed bill as a “poison pill” that would face opposition. Meanwhile, former President Trump expressed his support for the federal control of AI regulations through a post on Truth Social, arguing that state overregulation could undermine the U.S. economy’s burgeoning AI sector.
Support for the pre-emption movement includes influential figures such as White House AI czar David Sacks and several prominent venture capitalists. Sacks shared Trump’s sentiments via social media, while Marc Andreesen of Andreessen Horowitz echoed the call for federal legislation, warning that a “50-state patchwork” would stifle innovation and competitiveness.
However, Florida Governor Ron DeSantis publicly criticized the initiative, asserting that federal pre-emption “takes away our sovereignty,” and that pushing such measures through a defense bill is an affront to voters. This divide even reverberated within Republican ranks, as Steve Bannon, a key figure among the MAGA faction, lambasted the proposal. Bannon highlighted the discrepancy in regulatory burdens, noting that while people seeking simple licenses are heavily regulated, AI companies face minimal oversight.
The debate intensified further when a draft executive order was leaked that would cement federal pre-emption of state AI regulations. Although the order remains unfinalized and the White House has not commented, the potential implications of such an order have alarmed many.
Opponents of the pre-emption argue that it could lead to a regulatory vacuum, risking the safety and liberties of citizens. Mark Beall, president of the bipartisan AI Policy Network, pointed out that without proper oversight, AI technology might undermine personal freedoms. He underscored the necessity of balanced regulations that can promote innovation while safeguarding civil liberties.
On Thursday, Massachusetts Senators Elizabeth Warren and Ed Markey issued a joint statement urging colleagues to combat the pre-emption effort, citing serious risks associated with AI including child protection, algorithmic discrimination, and environmental impacts. They warned that granting federal immunity could result in significant losses for American citizens.
Max Bodach from the right-leaning Foundation for American Innovation noted how the political ramifications of AI governance are still underappreciated. He anticipates a surge in “horseshoe” coalitions uniting diverse political factions in response to the federal push on AI regulations.
As of Friday, Republican leaders have reportedly asked the White House to postpone any actions on the executive order while negotiations on including a pre-emption measure in the NDAA are ongoing. This ongoing dispute reflects a broader struggle over the future governance of artificial intelligence and its implications for American society.
