Marsha Blackburn releases first federal AI bill draft to codify Trump's AI executive order

Senator Blackburn introduces the first draft of a federal AI bill

The White House has been promising a set of national rules to guide artificial intelligence since late last year, and today Sen. Marsha Blackburn (R-Tenn.) fired the first volley. The senator shared a discussion draft for codifying the executive order signed by President Donald Trump in December calling for an AI bill. Her stated goal is a policy that "protects children, creators, conservatives and communities from harm." Blackburn has called for tougher policies for AI safety, and one of the core messages in this discussion draft is that it "places a duty of care on AI developers in the design, development and operation of AI platforms to prevent and mitigate foreseeable harm to users." It also draws a line on the many copyright infringement questions raised by creative industries: "an AI model's unauthorized reproduction, copying, or processing of copyrighted works for the purpose of training, fine-tuning, developing, or creating AI does not constitute fair use under the Copyright Act." Some of the other notable provisions are: It includes ending Section 230, marking the latest attempt to retire a law that has been questioned as a possible loophole for AI companies to escape liability when their tools cause harm. While AI critics might see positive signs here, remember that this is just the initial version of the framework. Lawmakers will likely spend a lot of time negotiating over the eventual result, which may be notably de-fanged from its current state. It could wind up with a lot more requirements echoing this Republican complaint: "Combats the consistent pattern of bias against conservative figures demonstrated by AI systems by requiring third-party audits to prevent discrimination based on political affiliation." Despite the claims of suppression and censorship, we've consistently seen this conservative argument to be false -- or at the very least misleading.

Blackburn rolls out updated AI plan in bid to lead Trump's agenda

Why it matters: Lawmakers on the Hill are vying to shape the Trump administration's AI agenda, and Blackburn is making her case to lead the effort in the Senate. * Blackburn, who is running for governor in Tennessee, has been circulating ideas from the TRUMP AMERICA AI Act since last year. Driving the news: Blackburn has been working with the White House on the draft and knows it'll be an ongoing negotiation as the Hill and administration attempt to agree on a plan, a source familiar with the discussions said. What's inside: The new discussion draft text builds on a summary that Blackburn released last December, as she looks to build support for her proposal. * It incorporates Blackburn's Kids Online Safety Act and the NO FAKES Act she co-sponsored with Sen. Chris Coons (D-Del.). * The draft would impose a "duty of care" that would require AI developers to take reasonable steps to mitigate harms stemming from design features, along with chatbot safety provisions. * It would also sunset Section 230 of the Communications Decency Act -- a step further from the previous version, which called for reforms. What they're saying: "Congress must answer [Trump's] call to establish one federal rulebook for AI to protect children, creators, conservatives, and communities across the country and ensure America triumphs over foreign adversaries in the global race for AI dominance," Blackburn said in a release. Blackburn's draft is aimed at protecting what she and some conservatives call the "4 Cs" -- children, creators, conservatives and communities. * Trump's executive order calling for a federal AI policy framework mentions children, censorship, copyrights and communities. * The draft bill adds provisions to codify Trump's "woke" AI executive order and his ratepayer protection pledge. Context: Trump's order directs advisers to propose a "uniform" federal framework that would preempt conflicting state AI laws. What we're watching: Rep. Jay Obernolte (R-Calif.) has also been working on federal AI legislation in the House. Friction point: It will be important for Senate Commerce Chair Ted Cruz (R-Texas) to get on board with any plan.

Sen. Blackburn Releases Discussion Draft of Bill to Set Federal 'Framework' for AI Policy | PYMNTS.com

By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions. Blackburn's 300-page draft also includes language stipulating that the unauthorized use of copyrighted works by AI developers to train their models does not constitute fair use under the Copyright Act. That issue is currently being litigated in dozens of cases around the country, in which AI companies, including many aligned with the Trump administration, have raised fair use as a defense against copyright infringement claims brought by artists and rightsholders. Blackburn, who previously represented Nashville in the House and is now running for governor of Tennessee, has been a strong supporter of artists' rights in debates around AI. Despite her draft's differences from the purported White House version, Blackburn is at pains to avoid openly clashing with the administration, going so far as to call her bill the Trump America AI Act. Read more: Proposal Calls for Treating Digital Platform Design Standards Like Physical Infrastructure "Instead of pushing AI amnesty, President Trump rightfully called on Congress to pass federal standards and protections to solve the patchwork of state laws that has hindered AI innovation," she said in a statement. "Now, Congress must answer his call to establish one federal rulebook for AI to protect children, creators, conservatives, and communities across the country and ensure America triumphs over foreign adversaries in the global race for AI dominance." In a bid for bipartisan support, Blackburn's draft incorporates a number of ideas that have been floated by senators from both parties: Like the White House draft, Blackburn's version would require AI systems to undergo third-party audits prevent discrimination based on political affiliation -- a measure meant to address concerns over alleged anti-conservative bias by tech companies. It would further codify Trump's December executive order barring "woke" AI from the federal government by limiting agency heads to acquiring only those large language models deemed to be "truthful" in responding to user prompts and so not manipulate responses in favor of ideological "biases." Blackburn's draft would also sunset Section 230 of the Communications Act, which shields platforms from liability for content posted by users, but has long been a target of conservative critics who claim it allows platforms to "censor" conservative speech.