US States Advance AI Regulation Amidst Federal Preemption Deliberations

US states are accelerating the development of artificial intelligence legislation. Currently, 25 states and Puerto Rico have introduced over 200 AI-related bills. This legislative activity addresses various AI facets, including defining AI, establishing high-risk applications, and governing algorithmic bias. States are also focusing on consumer protection and governmental use of AI. For example, some proposals mandate impact assessments for AI systems deployed in critical areas.

Simultaneously, the federal government has indicated a strategy to establish a national AI policy. A recent executive order outlined the objective of eliminating state law obstructions to this national policy. This federal directive suggests a move towards preemption, aiming to establish a uniform regulatory landscape across the nation. The order specifically targets state laws that could hinder the development or deployment of AI consistent with federal objectives. This creates a potential conflict between burgeoning state initiatives and a centralised federal approach.

In contrast, the European Union continues its structured implementation of the AI Act. This comprehensive regulation categorises AI systems by risk level and imposes obligations accordingly. The EU approach provides a clear framework for developers and deployers, influencing global AI governance standards. The AI Act’s deadlines for implementation are being met, demonstrating a consistent regulatory trajectory.

The divergence between US state-level proliferation and federal preemption intentions contrasts with the EU's harmonised regulatory timeline. This raises questions about the future of AI governance within the United States.