President Donald Trump announced on Monday that he will sign an executive order designed to rein in artificial intelligence laws at the state level by implementing a “one rule” approach. While the exact contours of the executive order remain unclear, a post on Truth Social hinted at a system that will block states from forging their own laws regulating AI. “We are beating ALL COUNTRIES at this point in the race, but that won’t last long if we are going to have 50 states, many of them bad actors, involved in RULES and the APPROVAL PROCESS,” Trump’s post said. “THERE CAN BE NO DOUBT ABOUT THIS! AI WILL BE DESTROYED IN ITS INFANCY!” the post says. “I will be doing a ONE RULE Executive Order this week. You can’t expect a company to get 50 approvals every time they want to do something.” Legislators at both the state and federal level have increasingly scrutinized how AI models suck up data for training purposes. AI companies have repurposed data collected for one purpose to train models using data for different purposes and in the process inferred sensitive information. Increasing attention is also being paid to how AI chatbots collect sensitive data from users who engage with them to discuss mental health, sex and other private issues. AI algorithms are also used to power surveillance technologies. A leaked draft executive order from November laid out a vision for preempting state regulation of AI, and proposed linking federal funding to whether and how states regulate the technology. The draft order also reportedly called for a Department of Justice “AI Litigation Task Force” designed to challenge state AI laws. The draft reportedly said that the task force would fight state laws on grounds that such laws “unconstitutionally regulate interstate commerce, are preempted by existing federal regulations, or are otherwise unlawful." Trump’s pledge to sign an AI executive order in the near term comes in the wake of Congressional lawmakers killing a proposed ban on state AI laws in the National Defense Authorization Act (NDAA). In July, the U.S. Senate voted 99 -1 to remove a proposed moratorium on state-level AI regulation from a major funding bill. National Economic Council Director Kevin Hassett reportedly told CNBC on Monday that the president reviewed a near final draft of the forthcoming executive order over the weekend. “There are some states that want to regulate these companies within an inch of their lives, and when they make a misstep, fine the heck out of them,” Hassett told CNBC. “This executive order that he’s promised to come out is going to make it clear that there’s one set of rules for AI companies in the US.” Civil libertarians and privacy advocates have been deeply opposed to a federal moratorium on state AI laws, saying that states must have the ability to protect consumers from the dangers posed by the technology. Travis Hall, the state director for the Center for Democracy and Technology, called the executive order Trump described on Truth Social “a misguided, unpopular, and dangerous policy choice.” “State lawmakers have an important role to play in protecting their constituents from AI systems that are untrustworthy or unaccountable,” Hall said in a prepared statement.
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Suzanne Smalley
is a reporter covering privacy, disinformation and cybersecurity policy for The Record. She was previously a cybersecurity reporter at CyberScoop and Reuters. Earlier in her career Suzanne covered the Boston Police Department for the Boston Globe and two presidential campaign cycles for Newsweek. She lives in Washington with her husband and three children.