President Trump has signed Executive Order 14365 directing the Justice Department to establish an AI Litigation Task Force to challenge state artificial intelligence laws that “unconstitutionally regulate interstate commerce, are preempted by existing Federal regulations, or are otherwise unlawful.”
The EO, “Ensuring A National Policy Framework for Artificial Intelligence,” establishes a federal policy to enhance U.S. global dominance in AI through a minimally burdensome national policy framework. It directs the Commerce Department to evaluate state AI laws and explore whether the federal government can withhold certain federal funds from states that have policies that conflict with federal policy.
Numerous states regulate artificial intelligence. Some jurisdictions, such as Texas, merely acknowledge that using AI systems to discriminate is actionable under state fair employment laws, but California requires risk assessments and pre-use notices to consumers.
EO 14365 focuses on laws that require AI models to “alter their truthful outputs” or compel disclosures that could violate the First Amendment.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here. CWC members should continue to comply with state and local AI laws and regulations unless and until they are repealed or deemed preempted by federal law.