Federal AI Policy Framework Released as Agencies Work on State Law Guidance
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A legislative recommendation for a uniform federal AI policy framework intended to preempt state laws was released last month, providing a starting point for Congress. Meanwhile, several federal agencies are working on guidance and evaluations related to state AI laws, with some deadlines having passed without public announcements.
Facts First
- A federal AI policy framework legislative recommendation was released last month intended as a starting point for Congress.
- The FTC is due to issue guidance on applying consumer protection law to AI models, including how it could override state laws, with a statement expected 'very soon.'
- The Commerce Department was required to review and flag 'onerous' state AI laws to the Justice Department's AI Litigation Task Force.
- The Commerce Department was also ordered to set rules tying broadband funding to state AI laws, which could potentially cut off funds.
- The FCC is tasked with considering a national AI reporting standard to preempt conflicting state laws, with a 90-day timeline after laws are identified.
What Happened
A legislative recommendation for a uniform, federal Artificial Intelligence (AI) policy framework meant to preempt state laws was released last month. The four-page document is intended as a starting point for Congress. House Republicans stated this week they plan to tackle AI next after unveiling data privacy bills. Several provisions from a December executive order targeting state AI laws were due on March 11 but have not been completed or publicly announced. The Federal Trade Commission (FTC) was required to issue guidance on how consumer protection law applies to AI models, including instances where it could override state laws that 'alter their truthful outputs.' FTC director of public affairs Joseph Simonson stated in an email that a policy statement will be released 'very soon.' The Commerce Department was required to review and publish an evaluation of state AI laws and flag 'onerous' laws that conflict with federal policy to the Justice Department's (DOJ) AI Litigation Task Force. The Commerce Department was also ordered to set rules tying broadband funding to state AI laws, which could potentially cut off funds to states with certain regulations. The Federal Communications Commission (FCC) is tasked with considering the creation of a national AI reporting and transparency standard to preempt conflicting state laws, with a timeline of 90 days after those laws are identified.
Why this Matters to You
If you work with or are affected by AI technologies, a clearer federal framework could simplify compliance and reduce the burden of navigating conflicting state regulations. The FTC's upcoming guidance may clarify your rights as a consumer when interacting with AI systems. The Commerce Department's review and potential rules tying broadband funding to state laws could influence how states regulate AI, which may affect local investment and innovation. The FCC's consideration of a national reporting standard could lead to more consistent transparency requirements for AI systems you use.
What's Next
The FTC is likely to release its policy statement on AI and consumer protection soon. The Commerce Department and FCC may proceed with their assigned reviews and rulemaking processes, though their timelines are not publicly confirmed. Congress may use the released legislative recommendation as a basis for drafting federal AI legislation, a process House Republicans have signaled they intend to begin.