Leaked AI Executive Order Reveals Big Tech’s Power Ambitions
Recent leaks indicate that a draft executive order from the Trump administration targets the regulation of artificial intelligence (AI) at the state level. The proposed order underlines the administration’s ambition to preempt state laws governing AI, marking a significant moment in the intersection of Big Tech and government policy.
Executive Order Highlights
This draft executive order aims to establish a legal framework that would limit states’ ability to create or enforce their own AI regulations. While it does not outright ban state laws, it seeks to create a chilling effect by enabling the federal government to challenge such laws.
- The executive order suggests that the Department of Justice set up a task force to sue states over their AI regulations.
- It proposes withholding federal funding from states deemed to have “onerous” AI laws.
- The Federal Trade Commission (FTC) may gain authority to address what it deems algorithm discrimination in state regulations.
Key Figures
David Sacks, Trump’s Special Advisor on AI and Crypto, is significantly influencing this executive order’s direction. His role has created controversies around the concentration of power in the implementation of AI policy.
Implications for State Legislation
Experts suggest that the order will not outright nullify state laws but will create a landscape where states may hesitate to enact regulations. This could be due to the potential financial repercussions and legal battles that might arise, as stated by Charlie Bullock, a senior research fellow at the Institute for Law and AI.
Funding Restrictions
Section 5 of the draft states that the federal government may withhold billions in funding, such as from the Broadband Equity Access and Deployment (BEAD) program, from states with laws contrary to federal policy. This restriction could have severe implications for states reliant on federal funds.
- Approximately $42.45 billion could be affected under BEAD funding restrictions.
- All federal discretionary grants might also come under scrutiny for withholding based on AI regulations.
Legal Challenges Ahead
Legal experts caution that many provisions identified in this executive order could face challenges in court. States like California, known for their proactive stance on AI regulation, may contest the legality of such federal interventions vigorously.
The feasibility of this executive order’s components remains questionable. A lack of clear Congressional authority for the FCC to regulate AI presents a significant legal hurdle. Moreover, questions linger about the FTC’s ability to impose restrictions against state laws based on algorithmic fairness.
This draft executive order illustrates the ongoing struggle between state and federal authority over AI, raising questions about the future of technology governance in the United States. The outcome may redefine how AI is regulated at both levels, shaping the landscape for years to come.
