Overview of the Proposed Legislation

The new provision prohibits states and local governments from enforcing any regulations related to artificial intelligence (AI) models, systems, or automated decision-making tools for a decade following its enactment. This has sparked significant debate about the implications for consumer protection and accountability in the AI industry.

State Autonomy vs. Federal Control

Advocates like Dave Troy, editor of America 2.0, argue that the growing influence of major tech corporations in Congress limits the capacity of states to regulate AI, stating, “Now that state laws are finally starting to hold AI companies accountable for deepfake child pornography, election disinformation, AI companions targeting minors, and algorithmic abuse, Congress wants to slam the brakes?”

Impact on Existing Legislation

If enacted, the proposed ban could invalidate existing laws designed to monitor and regulate AI, including:

• A 2021 New York law mandating bias audits for AI in hiring.
• A California law requiring healthcare providers to disclose their use of generative AI.
• Another California measure aimed at demanding transparency in data used by AI developers.

Political Reactions

Recent actions in the tech space, including appointments of prominent tech figures in advisory positions, have reinforced feelings among some lawmakers that corporate interests are outweighing public concerns. The House Committee on Energy and Commerce’s markup of the bill drew criticism from Rep. Jan Schakowsky (D-Ill.), who denounced the provision as “a giant gift to Big Tech.”

“This ban will allow AI companies to ignore consumer privacy protections, let deepfakes spread, and allow companies to profile and deceive consumers using AI,” Schakowsky added.

Calls to Action

The Tech Oversight Project and other advocacy groups are urging legislators to reject what they deem an overreach in federal authority. JB Branch from Public Citizen stated, “Allowing the ‘unhinged, dangerous’ measure to pass would be an outrageous abdication of congressional responsibility.” He emphasized the implications such a ban would have on current consumer protections established by state legislation.

The Broader Context

In the current legislative session, 45 states and Puerto Rico have introduced approximately 550 AI-related bills. Many focus on high-risk AI systems, aiming to prevent algorithmic discrimination and uphold consumer rights. Branch summarized the stakes succinctly: “Congress must ask itself: Will it stand with Big Tech lobbyists, or with the people it was elected to represent?”