Federal Uniformity Sounds Good – Until Big Tech Writes the Rules
This story originally was published by Real Clear Wire
Big Tech is jamming preemption of state AI laws into the National Defense Authorization Act (NDAA) at the last minute, but it is unclear if they are fully aware of what it would actually mean. If Congress prohibits states from implementing AI policies that would protect their citizens, it would have far-reaching consequences. True conservatives in Congress must uphold their pro-American values and refuse to support any preemption effort that would ultimately be a coronation of Big Tech as our country’s new rulers.
The United States is the dominant leader in AI on the global stage, and we are in a high-stakes race with adversaries – especially China – to maintain that advantage. We cannot afford to cut corners on oversight and safety while Big Tech develops AI systems at a rapid pace. States are best positioned to test thoughtful safeguards that address the most pressing concerns – from public safety to protecting children. The federal government, by contrast, is lagging behind.
States have been laboratories of democracy on every pressing issue of our time. The issue of AI should not be any different. The federal government is behind the states in terms of simply thinking about the ramifications of AI, and Congress should allow the states to try to find effective policy solutions that cater to our most imminent concerns.
Preemption is a clear violation of the principle of federalism inherent in the 10th Amendment to the Constitution.
Additionally, this provision is a blatant cover for Big Tech. It allows Big Tech to continue to exploit kids, creators, and conservatives. This provision will not empower small businesses and entrepreneurs in AI because they simply don’t have $40 billion in funding to put toward artificial general intelligence (AGI) development and $100 million bonuses to hand out to potential employees.
They are already shut out of the industry by people like OpenAI CEO Sam Altman, who popularized the “patchwork” characterization of state policies that is now being used in smaller circles in support of preemption.
If we intend to outpace China on AI, we must abandon misguided proposals that undermine federalism. The federal government should focus on enacting strong, strategic measures that protect our national security and prevent U.S. technologies and advanced chips from ending up in the wrong hands.
The GAIN AI Act, which is currently in the NDAA, ensures that American buyers, not foreign competitors, get first dibs on high-performance AI chips. Paired with strong export controls, these measures are exactly the kind of smart, targeted policy that keeps our data and technology secure.
Meanwhile, David Sacks and Nvidia’s Jensen Huang are encouraging a one-size-fits-allfederal AI standard, insisting Congress fold it into the NDAA and warning of “overregulation by the states.” But federal overreach, not state action, is the true threat to innovation, intellectual-property protections, and America’s ability to outpace China.
States are already stepping up with targeted safeguards. If we truly care about competitiveness, national security, and federalism, we need to defend states’ authority.
There are many potential dangers that we will face as AI systems become more advanced. Things like deep fakes and virtual companions with nefarious intentions are only the beginning. Hypothetical blackmail will lead to actual blackmail – and potentially, human loss of control of AI.
I am a staunch supporter of American innovation, and I know that our country has what it takes to continue to lead the world in AI. In fact, we must lead in AI in order to ensure the democratic deployment of AI technology. Yet, if we do not allow states to enact basic policies to address AI today, we will be ill-equipped to address the consequences of the advanced AI revolution tomorrow.
Conservatives are the face of the growing, bipartisan opposition to preemption, and I expect more to join them in their efforts to defeat this provision once and for all.
The stakes for AI are higher than ever, and they will continue to grow in unimaginable ways in as little as a few years. Congress must allow states to protect their citizens from potential harm – or we will all bear the consequences.
Brendan Steinhauser is CEO of The Alliance for Secure AI, a nonprofit organization that educates policymakers and the public about the implications of advanced AI.
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