Trump Challenges States on AI Regulation

A Federal Plan for AI: Key Points from the Trump Administration

The Trump administration has recently unveiled an ambitious legislative plan for regulating artificial intelligence (AI), structured around seven key points. This plan emphasizes the importance of minimizing state involvement in AI regulation while promoting a federal approach aimed at establishing global dominance in this field. One of the primary objectives is to ensure the safety of children while limiting state regulations that could hinder this national strategy.

The document recommends that Congress implement specific protective measures for minors using AI services. This includes initiatives to prevent AI-related infrastructure from leading to increased electricity costs. The plan also stresses the importance of developing young people's skills so they can adapt to AI tools, although the details of these initiatives remain vague. Furthermore, the document advocates for a cautious approach regarding the use of copyrighted materials for training AI models, while maintaining pressure to limit states' ability to legislate individually on these issues.

Legislation Awaiting Congressional Approval

It is crucial to note that this plan will only take effect if Congress decides to adopt it and turn it into law. Among the proposals, the plan encourages the adoption of laws similar to the Take It Down Act, which prohibits the creation and distribution of intimate AI-generated content without consent. This law requires platforms to swiftly remove such content. The document also supports the establishment of age verification measures, suggesting that Congress set reasonable and privacy-respecting requirements for platforms accessible to minors.

The issue of age verification is particularly sensitive, touching on concerns of surveillance and privacy protection. The plan also proposes to limit the use of minors' data for training AI models and targeted advertising, without completely banning these practices. At the same time, it asserts that Congress "should avoid defining ambiguous standards on permissible content or open liability, which could lead to excessive litigation."

Protection Against Deepfakes and Respect for the First Amendment

In a context where deepfakes are becoming increasingly realistic, the plan proposes establishing a federal framework to protect individuals against the unauthorized use of digital replicas of their voice or image. This could lead to federal legislation on image rights, while providing exceptions for parody, reporting, and satire, which are protected by the First Amendment.

The plan also advises Congress against legislating on copyright issues related to AI. While the administration believes that training models on protected materials does not violate current laws, it acknowledges the existence of contrary arguments and prefers to leave this question to the courts. "Congress should not take actions that could affect the judicial resolution of whether training on copyrighted materials constitutes fair use," the document states.

Combating AI-Powered Scams

The document raises concerns about increasingly sophisticated scams enabled by AI. It calls on Congress to strengthen efforts to combat these frauds, particularly those targeting vulnerable populations such as the elderly. However, few details are provided on concrete measures to be adopted. The plan emphasizes that Congress should "enhance existing law enforcement efforts to combat AI-powered impersonation scams and fraud targeting vulnerable populations such as the elderly."

A Pro-Federal and Anti-State Approach

For nearly a year, the Trump administration has promoted a pro-federal approach to AI regulation. The plan suggests that Congress should prevent states from imposing excessive regulations, thus avoiding a patchwork of conflicting standards that would complicate matters for businesses. States should not be allowed to penalize AI developers for illegal actions committed by third parties using their models. The plan states that Congress should "preempt state laws on AI that impose excessive burdens" and avoid "fifty conflicting standards" for businesses.

However, regarding child protection, the document allows some latitude for states to enforce their laws, particularly against child sexual abuse material, even if that material is generated by AI. This concession addresses the concerns of many attorneys general across the United States. Indeed, nearly 40 attorneys general from U.S. states and territories have expressed their worries about the repeal of local child safety laws.

Accelerating AI Development in the United States

The ultimate goal of this plan is to stimulate AI development in the United States. The document stresses the need for the country to lead the global race by removing barriers to innovation and accelerating the deployment of AI applications across all sectors. It proposes that Congress facilitate access to federal datasets for businesses and researchers, although the type of data involved is not specified. The document adds that Congress should find ways to make federal datasets available to AI companies and academics in "AI-ready formats" for use in training AI models and systems.

No New Federal Agency for AI

The plan also addresses the question of whether to create a dedicated federal agency for AI regulation. It concludes that Congress should not create such an entity, preferring that regulations be managed by existing agencies, which already possess the necessary expertise in their respective sectors. The plan also responds to a long-standing question in AI regulation — whether there should be a federal agency responsible for AI regulation or if AI regulation should be left to each sector.

Combating "Woke AI" and Protecting Free Speech

President Trump signed an executive order to prevent "woke AI," banning the use of models that incorporate topics like systemic racism by government agencies. Recently, he ordered the blacklisting of the company Anthropic for imposing limits on the military use of its models, a decision the company views as a violation of its First Amendment rights.

The plan emphasizes that the government must defend free speech while preventing the use of AI to censor legitimate political opinions. It proposes that Congress explicitly prevent the government from compelling AI providers to alter content for ideological reasons. The plan states that the government "must defend free speech and First Amendment protections while preventing AI systems from being used to silence or censor lawful political expression or dissent."

Addressing Energy Concerns

Finally, the plan addresses concerns regarding the energy impact of AI-related data centers. It proposes that Congress ensure consumers do not face increased electricity costs due to these infrastructures while facilitating the construction of new data centers. This includes streamlining permits to allow AI companies to develop on-site energy solutions. Last month, we saw the first bipartisan effort to address higher electricity bills in communities near data centers, and the new AI policy framework seems to respond to these concerns from both sides, asserting that Congress should find ways to ensure that "residential consumers do not face increased electricity costs due to the construction and operation of new AI-related data centers."