Overview
- Twenty-three attorneys general from both parties told the FCC on Dec. 17 that it lacks authority to preempt state artificial intelligence statutes, citing states’ frontline consumer-protection role.
- President Trump’s Dec. 11 executive order directs the DOJ to create an AI Litigation Task Force within 30 days, tasks Commerce with flagging onerous state laws and potential BEAD funding consequences by March 11, 2026, and sets FCC and FTC actions on reporting and consumer protection.
- The order does not invalidate existing state or local AI laws, and legal analysts advise businesses to continue complying with state regimes while strengthening AI governance and documentation.
- State pushback has been building, including a bipartisan coalition of 36 attorneys general who opposed federal preemption language in Congress, which was ultimately left out of this year’s NDAA after earlier preemption efforts failed.
- Observers expect court challenges that test federalism and Spending Clause limits, as supporters tout national uniformity for industry and critics warn of federal overreach that could weaken state-level safeguards.