State Attorneys General Push Back Against Federal Efforts to Block AI Regulation

Attorneys general are fighting for states' rights to regulate AI

The Trump administration is hunting for ways to block the ability of states to regulate artificial intelligence. In response, dozens of state attorneys general have now sent a letter pressing Congressional leadership not to approve language that would preempt their governments' freedom to propose their own legislation on the technology. "Broad preemption of state protections is particularly ill-advised because constantly evolving emerging technologies, like AI, require agile regulatory responses that can protect our citizens," they write in a Tuesday memo. "This regulatory innovation is best left to the 50 states so we can all learn from what works and what does not. New applications for AI are regularly being found for healthcare, hiring, housing markets, customer service, law enforcement and public safety, transportation, banking, education, and social media." The endeavor, which represents 36 states total, comes as Congress weighs language, packed in a new defense funding authorization bill, that would prevent states from enforcing their own rules about the technology. A previous measure, which failed, would have established a 10-year moratorium on states writing their own rules. A draft executive order leaked last week would, similarly, push the federal government to punish states for enacting or enforcing these rules. "If there were real cases to be brought up, they would have brought [them] already," Alex Bores, the lawmaker who authored New York's passed, but not-yet-signed AI legislation, the RAISE Act, told Fast Company last week. "The only reason you need an executive order to tell people to look for cases is when you just want to harass states into submission."

AGs call on Congress to reject ban on state AI laws

Nearly 40 attorneys general across the country sent a Tuesday letter to congressional leaders urging them to reject a ban on states' ability to enact artificial intelligence (AI) laws. "While AI promises to be a transformative technology in numerous fields, it also poses significant risks -- notably to the most vulnerable among us, our children. States must be empowered to apply existing laws and formulate new approaches to meet the range of challenges associated with AI," a group of 36 attorneys general wrote in the letter. The attorneys, in the letter to House Speaker Mike Johnson (R-La.), House Minority Leader Hakeem Jeffries (D-N.Y.), Senate Majority Leader John Thune (R-S.D.) and Senate Minority Leader Chuck Schumer (D-N.Y.), cited a growing concern for deepfakes, scams and voice clones. "We are also deeply troubled by sycophantic and delusional generative AI outputs plunging individuals into spirals of mental illness, suicide, self-harm, and violence," they wrote. "And we are concerned that AI chatbots and 'companions' are engaging children in highly inappropriate ways, including with conversations that feature graphic romantic and sexual roleplay, encouragement of suicide, promotion of eating disorders, and suggestions to prioritize use of the AI at the expense of connecting with friends and loved ones in real life," it added. Their concerns come as House GOP leadership is pushing to add a state AI law ban into next year's military funding bill. Over the summer, Sen. Ted Cruz (R-Texas), chair of the Senate Commerce, Finance and Transportation Committee, attempted to add the provision into President Trump's "One Big Beautiful Bill" with White House support but opposition from Sen. Marsha Blackburn (R-Tenn.). President Trump is also considering an executive order that would bar any state laws regulating the industry. "Congress can't fail to create real safeguards and then block the states from stepping up," North Carolina Attorney General Jeff Jackson (D), who led Tuesday's letter initiative, said. "If they strip away state authority, they're going to make it easier for criminals and scammers to hurt people. That's the last thing we should be doing as AI becomes more powerful every day," he added. Earlier this week, more than 200 other state lawmakers signed on to a separate letter urging Congress to reject efforts to preempt state laws regulating AI. "A blanket prohibition on state and local AI and automated decision-system regulation would abruptly cut off active democratic debate in statehouses and impose a sweeping pause on policymaking at the very moment when communities are seeking responsive solutions," they wrote.

Dozens of state attorneys general urge US Congress not to block AI laws

(Reuters) -Republican and Democratic attorneys general from 35 states and the District of Columbia urged congressional leaders on Tuesday not to block state laws governing artificial intelligence, warning of "disastrous consequences" if the technology is left unregulated. The letter sets up a clash between the states and the Trump administration over AI regulation, as the industry seeks to avoid new laws scheduled to take effect in 2026 and states worry about injuries and deaths attributed to chatbot use. "Every state should be able to enact and enforce its own AI regulations to protect its residents," said New York Attorney General Letitia James, who led the effort with attorneys general in North Carolina, Utah and New Hampshire. TECH COMPANIES PRESS FOR NATIONAL STANDARDS ChatGPT maker OpenAI, Alphabet's Google, Meta Platforms, and venture capital firm Andreessen Horowitz have called for national AI standards instead of a 50-state patchwork. But since Congress has not put national standards in place, rushing to block state laws "risks disastrous consequences for our communities," the attorneys general said. "If Congress is serious about grappling with how AI's emergence creates opportunities and challenges for our safety and well-being, then the states look forward to working with you on a substantive effort," they said. Some states have made it a crime to use AI to generate sexual images of people without their consent, limited the use of AI in political advertising, and restricted how insurers use AI to decide healthcare claims. A Colorado law that has faced industry pushback seeks to prevent AI from being used to discriminate in housing, employment and education. California, home to several major AI companies, has gone the farthest. Starting in 2026, the state will require companies to disclose information about data used to train AI models and provide means to detect AI-generated content. Major developers like OpenAI will also have to explain plans to mitigate potential catastrophic risks from cutting-edge models. California Attorney General Rob Bonta signed the letter. The Senate voted 99-1 against an effort to block AI laws this year after state lawmakers and attorneys general from both major political parties rallied against the measure. This time, President Donald Trump has thrown his weight behind the effort, asking Congress last week to add a provision blocking AI laws to the National Defense Authorization Act. Trump has also considered using federal power to sue and defund states to block the laws, though sources told Reuters on Friday the effort was on hold. (Reporting by Jody Godoy in New YorkEditing by Rod Nickel)