Republicans are working to introduce a controversial measure in the Senate reconciliation bill that would enforce a 10-year moratorium on states' ability to regulate artificial intelligence (AI). Various organizations across the United States have voiced their opposition to this proposal.
Seventeen Republican Governors expressed concern, stating, "The AI is already deeply entrenched in American industry and society; people will be at risk until basic rules ensuring safety and fairness can go into effect. Over the next decade, this novel technology will be used throughout our society, for harm and good. It will significantly alter our industries, jobs, and ways of life, and rebuild how we as a people function in profound and fundamental ways. That Congress is burying a provision that will strip the right of any state to regulate this technology in any way – without a thoughtful public debate – is the antithesis of what our Founders envisioned."
Forty State Attorneys General criticized the potential impact of such a broad moratorium: "The impact of such a broad moratorium would be sweeping and wholly destructive of reasonable state efforts to prevent known harms associated with AI. This bill will affect hundreds of existing and pending state laws passed and considered by both Republican and Democratic state legislatures. Some existing laws have been on the books for many years."
According to 260 State Lawmakers, "The sweeping federal preemption provision in Congress’s reconciliation bill would also overreach to halt a broad array of laws elected officials have already passed to address pressing digital issues. Over the past several years, states across the country have enacted AI-related laws increasing consumer transparency, setting rules for government acquisition of new technology, protecting patients in our healthcare system, and defending artists and creators."
The Heritage Foundation raised concerns about overriding legitimate state efforts: "But this sweeping approach threatens to override legitimate state efforts to curb Big Tech’s worst abuses—with no federal safeguards to replace them. It also risks undermining the constitutional role of state legislatures to protect the interests and rights of American children and working families amid AI’s far-reaching social and economic disruptions."
The Leadership Conference on Civil and Human Rights warned against using broadband funding as leverage: "If Congress preempts state laws now and uses broadband funding as a bargaining chip when it has not adopted comprehensive safeguards in partnership with civil rights and civil society groups, it would set a dangerous precedent for the future of AI in the United States. To adopt this moratorium would mean that the public will be left without redress when an AI decision-making system denies life-saving health care when bad actors use generative AI to knowingly produce non-consensual intimate imagery when scammers utilize technology to defraud vulnerable communities like seniors."
The American Economic Liberties Project pointed out nearly 50 policies related to AI: “Economic Liberties’ Rethink Trade program recently identified nearly 50 AI and kids online safety policies either passed or proposed by state legislatures that tech industry is also attempting preempt through international trade agreements...”
Concerns were echoed by other groups including The American Association for Justice who stated: “This isn't just about speculative future rules as language is so broad clumsily drafted it block enforcement any law touches type full partial system—civil actions filed Americans injured killed defrauded discriminated against..."
Civil Society emphasized learning from past technological advancements: “As we learned during other periods rapid technological advancement industrial revolution creation automobile protecting people being harmed technologies holding companies accountable ultimately spurs innovation adoption new technologies..."
The Brennan Center described its perspective on how restrictive measures might sound dystopian: “This budget bill remarkably ban states setting rules full decade few exceptions prevent enforcement limiting regulating systems models automated decision systems sounds something ChatGPT hallucinate prompt write dystopian science fiction novel combined critique K Street.”
Lastly Center Democracy Technology highlighted risks posed emerging technologies particularly high-risk contexts disabilities.
