A light in the darkness: Federal preemption for AI regulation

The joy of federal preemption may soon be upon us. The House Energy and Commerce Committee included a ten-year moratorium on state AI regulation in its latest budget reconciliation text. If the provision survives, it will be much-needed boon to US efforts to beat China in the race for AI dominance and a welcome assertion of constitutional congressional power.

There are currently approximately 1000 bills enacted or pending in states across the country. The compliance burden of that regulatory hellscape has significant negative consequences for US innovators trying to compete in a global marketplace. Furthermore, state lawmakers, however well intentioned, likely do not have the expertise (if anyone does) to predict the trajectory of such a complex and quickly evolving technology. Better to allow innovation and its benefits to proceed, and then address whatever problems actually materialize. So far, state officials seem far too eager to intervene.    

Beyond the practical problems with a patchwork of state rules, it’s absurd on principle that AI technologies wouldn’t obviously qualify as interstate commerce and, therefore, be a matter for federal instead of state authorities. Congress is well within its rights to prevent the strangling of AI promise in state cradles of regulation. In fact, federal preemption of state AI regulations is likely the single best thing Congress could do to promote the full potential of AI for US economic growth, for medical, environmental, and educational advances, and to aid in American technology leading the world. So, in a phrase very rarely written: good job, Congress!