I am writing to express my strong opposition to Section 43201(c) of the House reconciliation bill, which would impose a 10-year ban on the enforcement of all state and local laws that regulate artificial intelligence (AI), including rules for AI’s use in political campaigns and elections.
Opponents of this provision, including a coalition of 77 advocacy organizations, argue that the moratorium is so broadly written that states wouldn't be able to enact crucial protections for consumers affected by harmful applications of AI. This includes issues like discriminatory employment tools, deepfakes, and addictive chatbots.
Under this proposed ban, consumers would have to wait for Congress to pass its own federal legislation to address these concerns. However, sources indicate that Congress currently has no draft of such a bill. If Congress fails to act, consumers will have little recourse until the end of the decade-long ban, unless they decide to sue companiesresponsible for alleged harms. Experts like Gaia Bernstein note that Congress has largely been unable to do anythingregarding comprehensive consumer protections related to digital technology for decades.
Meanwhile, states have increasingly been at the forefront of regulating tech companies, particularly regarding data privacy and youth safety, and are now doing the same for AI. Sources highlight that most protections are coming from the states. States have drafted legislation addressing specific emerging concerns, focusing on key areas of safety, like fraud and privacy. For example, California has bills aimed at placing guardrails on AI companion platforms, which advocates say are not safe for teens. One bill even outlaws high-risk uses of AI, such as anthropomorphic chatbots that could lead to emotional attachment or manipulation in children. Banning states from taking action is alarming because it removes a key source of potential protection.
Advocacy groups argue that wiping out all existing and future state AI laws without putting new federal protections in place would give AI companies exactly what they want: no rules, no accountability, and total control. Experts are worried that a hands-off approach to regulating AI could repeat the issues seen when social media companies first operated without much interference, which came at the cost of youth mental health.
While proponents, such as the Chamber of Commerce, claim the ban would ensure America's global dominance by freeing companies from a "burdensome patchwork" of state regulations, critics argue that states are not proposing expansive restrictions that would fundamentally hinder innovation. Instead, they are tailoring bills to cover larger companies or offering tiered responsibilities appropriate to a company's size.
I urge you to vote against this provision and allow states to continue their vital work in developing necessary AI safeguards.