The White House is actively negotiating a federal preemption of certain state AI laws, aiming to consolidate tech policy priorities amid growing state-level regulatory activity. The effort seeks to pair the tech industry's push for overriding state AI laws with legislative measures focused on protecting children online and addressing the rise of deepfakes.
Behind the Negotiations
Senator Marsha Blackburn (R-Tenn.) is leading the negotiations, which include the Kids Online Safety Act (KOSA), the NO FAKES Act, and age verification requirements. A Blackburn spokesperson emphasized that the package does not represent a 'blanket pre-emption of all laws regulating AI or child safety.' Meanwhile, a White House official stated they are 'proactively engaging across government and industry.'
Broader Implications
This maneuvering signals that a bipartisan proposal from Representatives Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.), which would preempt state AI laws for three years and establish the Center for AI Standards and Innovation, is unlikely to advance in this Congress. Earlier attempts to preempt state AI laws faced significant pushback from advocacy groups and state lawmakers, making Blackburn's support critical for passage.
The revival of the preemption fight comes on the heels of Trump signing an AI and cyber executive order last week.
The White House is also holding meetings this week with AI companies to discuss benchmarking requirements under the recent AI and cyber executive order. As August recess approaches in an election year, this flurry of AI-related action faces significant political and logistical challenges.