The Democratic Attorney General of Washington, Nick Brown, and the Republican Attorney General of Tennessee, Jonathan Skrmetti, have expressed concerns about a proposed 10-year moratorium on states' enforcement of laws regulating artificial intelligence (AI). This provision is included in the House and Senate budget reconciliation bills currently under consideration. During a virtual press conference, both attorneys general highlighted the potential negative impacts on American citizens if this moratorium is enacted.
Attorney General Skrmetti emphasized the importance of AI as a powerful technology that requires regulation to protect consumers. He stated, "We want America to be AI dominant... but we need to make sure that in the process, we're not leaving American consumers behind." Skrmetti warned against relying solely on big tech companies without state oversight for ten years.
Attorney General Brown echoed these concerns by highlighting the opportunity for states to innovate and protect residents at a local level. He said, "...[W]e have so much opportunity at a state level... but we want to make sure that we have the ability to do that."
Senator Maria Cantwell criticized the use of the reconciliation process for prohibiting state-level AI regulations. She remarked, "I'm concerned because in Congress... [they are] trying to prohibit policy that is already on the books." Senator Marsha Blackburn also opposed the moratorium, advocating for legislation like the ELVIS Act to protect creative professionals from unauthorized use of their likenesses through AI.
Forty state attorneys general have written to congressional leaders expressing deep concerns about how this moratorium could undermine existing and pending laws designed to protect citizens from various AI-related threats. These include protections against explicit AI-generated content, deep-fakes, inflated housing costs due to AI algorithms, spam communications, and more.
The Senate's version of the bill would tie funding for broadband programs to states' compliance with this 10-year moratorium. Although it allows states to pass new laws regarding AI regulation, enforcement would be prohibited under this provision.
Organizations opposing this measure include several advocacy groups and associations representing labor unions and lawmakers across multiple states.
