Trump Takes Aim at State AI 'Patchwork' With Executive Order
President Donald Trump issued an executive order to combat a “patchwork” of AI laws in the states, as expected (see 2512110056 and 2512080056). Trump's order is identical to a draft proposal, circulated in November that drew significant bipartisan opposition.
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The EO that dropped Thursday sets up an AI Litigation Task Force within DOJ to challenge state AI laws with “onerous” laws that conflict with a statement in the order that says it’s “the policy of the United States to sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI.”
In addition, the order restricts non-deployment funding from the $42.5 billion BEAD broadband program for states that the Trump administration determines have AI laws that are overly burdensome. The order requires the FCC to begin a proceeding within 90 days “to determine whether to adopt a Federal reporting and disclosure standard for AI models that preempts conflicting State laws.” It would also order the FTC to “issue a policy statement on the application of the FTC Act's prohibition on unfair and deceptive practices … to AI models.”
In addition, the "Special Advisor for AI and Crypto and the Assistant to the President for Science and Technology shall jointly prepare a legislative recommendation establishing a uniform Federal policy framework for AI that preempts State AI laws that conflict with the policy set forth in this order,” it said. That proposed bill wouldn't preempt certain kinds of state laws, including those related to child safety, it said.
“We have to be unified,” Trump said during a signing ceremony for the order. “China is unified because they have one vote and that’s President Xi [Xinping].” The U.S. has “a different system, but we have a system that’s good. But we only have a system that’s good if it’s smart.” Commerce Secretary Howard Lutnick, Senate Commerce Committee Chairman Ted Cruz, R-Texas, and White House AI czar David Sacks attended the signing.
California Gov. Gavin Newsom (D) swiftly derided Trump's order. Trump and Sacks “aren’t making policy -- they’re running a con,” Newsom said in a statement. “And every day, they push the limits to see how far they can take it. California is working on behalf of Americans by building the strongest innovation economy in the nation while implementing commonsense safeguards and leading the way forward.”