President Donald Trump signed an executive order Thursday pressuring states not to regulate artificial intelligence, even as some in Congress also consider whether to temporarily block states from regulating AI.
Trump and some Republicans argue that the limited regulations already enacted by states, and others that might follow, will dampen innovation and growth for the technology.
Critics from both political parties — as well as civil liberties and consumer rights groups — worry that banning state regulation would amount to a favor for big AI companies, who enjoy little to no oversight and that Trump's effort oversteps the limits of presidential power.
Here’s what to know about states' AI regulations and what Trump signed.
What state-level regulations exist and why
Four states — Colorado, California, Utah and Texas — have passed laws that set some rules for AI across the private sector, according to the International Association of Privacy Professionals.
Those laws include limiting the collection of certain personal information and requiring more transparency from companies.
The laws are in response to AI that already pervades everyday life. The technology helps make consequential decisions for Americans, including who gets a job interview, an apartment lease, a home loan and even certain medical care. But research has shown that it can make mistakes in those decisions, including by prioritizing a particular gender or race.
“It’s not a matter of AI makes mistakes and humans never do,” said Calli Schroeder, director of the AI & Human Rights Program at the public interest group EPIC.
“With a human, I can say, ‘Hey, explain, how did you come to that conclusion, what factors did you consider?’” she continued. “With an AI, I can’t ask any of that, and I can’t find that out. And frankly, half the time the programmers of the AI couldn’t answer that question."
States' more ambitious AI regulation proposals require private companies to provide transparency and assess the possible risks of discrimination from their AI programs.
Beyond those more sweeping rules, many states have regulated : barring the use of deepfakes in elections and to , for example, or putting rules in place around the government's own use of AI.
What the executive order seeks to do
The executive order directs federal agencies to identify burdensome state AI regulations and pressure states not to enact them, including by withholding federal funding, including for broadband, or challenging the state laws in court.
It would also begin a process to develop a lighter-touch regulatory framework for the whole country that would override state AI laws.
It does not seek to preempt some laws states have adopted, such as AI-related child safety protections and provisions on how state governments can procure and use AI.
Trump argues that the patchwork of regulations across 50 states impedes AI companies' growth and allows China to catch up to the U.S. in the AI race. The president has also said state regulations are producing “Woke AI.”
Separately, House Republican leadership is discussing a proposal to temporarily block states from regulating AI, the chamber's majority leader, Steve Scalise, told Punchbowl News last month.
It remains unclear what that proposal would look like, or which AI regulations it would override.
TechNet, which advocates for tech companies including Google and Amazon, has previously argued that pausing state regulations would benefit smaller AI companies still getting on their feet and allow time for lawmakers develop a country-wide regulatory framework that “balances innovation with accountability.”
Why attempts at federal regulation have failed
Some Republicans in Congress have previously to ban states from regulating AI.
Part of the challenge is that opposition is coming from their party's own ranks.
Florida's Republican governor, Ron DeSantis, said a federal law barring state regulation of AI was “Not acceptable” in a post on X last month.
DeSantis argued that the move would be a “subsidy to Big Tech” and would stop states from protecting against a list of things, including “predatory applications that target children” and “online censorship of political speech.”
A federal ban on states regulating AI is also unpopular, said Cody Venzke, senior policy counsel at the ACLU’s ɫtv Political Advocacy Department.
“The American people do not want AI to be discriminatory, to be unsafe, to be hallucinatory,” he said. “So I don’t think anyone is interested in winning the AI race if it means AI that is not trustworthy.”
What could be next for the executive order
There's a good chance it ends up being part of a court battle.
Democratic state attorneys general and governors have already challenged scores of policies in Trump's executive orders in court. No one has announced a lawsuit over this one yet, but it's an area with bipartisan interest.
In May, attorneys general for 40 states and territories — Republicans and Democrats — signed a calling on them not to pass a provision blocking state AI regulation for 10 years.
Shatorah Roberson, a senior policy counsel at the Lawyers' Committee for Civil Rights Under Law, says that in this case, it's clear that the president does not have the authority to preempt state laws.
“This is an issue of our democracy and the president through executive order can’t just preempt state laws without going through the democratic process," she said.
California state Sen. Scott Wiener, who authored a that was signed into law this year, called the order “blatantly corrupt and blatantly illegal.”
“If the Trump Administration tries to enforce this ridiculous order, we will see them in court," Wiener, a Democrat, said in a statement.
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Associated Press writers Geoff Mulvihill and Trân Nguyễn contributed to this article.
