Federal Challenges to State AI Laws Likely Headed for Court: Lawyer
A recent filing at the FCC from state attorneys general on wireline infrastructure changes confirmed that the states remain concerned about federal preemption of state AI laws, Robinson & Cole’s Linn Foster Freedman said in a blog post Wednesday. “Ultimately, there will be a battle between the federal government and state legislatures over AI regulation,” she wrote. “It is clear that the Trump administration seeks minimal regulation, despite the known risks, and state Attorneys General, charged with protection of consumers, feel very differently. I suspect we will see how it plays out in court.”
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Freedman referenced a filing in FCC docket 25-253 that responded to a notice of inquiry on revised wireline infrastructure rules. The bipartisan filing was signed by AGs from Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Tennessee, Utah, Vermont, Washington and Wisconsin. “States across the political spectrum are legitimately concerned about how businesses using AI may harm their citizens and/or interfere with their own core responsibilities,” the filing said. "The better, and legally appropriate, course is for the Commission to stand down and allow Congress to first decide what, if any, federal preemption of state (and local) regulation of AI is appropriate."