The White House paused a draft executive order intended to enable AI preemption of state‐level regulation by challenging laws and withholding federal funds.
The proposed measure would have allowed the U.S. Department of Justice to establish a “
Litigation Task Force” to target state–enacted AI laws on grounds of interstate commerce, preemption, or other legal claims.
It also would have instructed the U.S. Department of Commerce to review state statutes and potentially withhold broadband funding under the Broadband Equity, Access and Deployment (BEAD) program.
Why AI preemption became controversial
Efforts toward AI preemption were challenged by states concerned their regulatory powers would be undermined. The Senate previously voted 99-1 against blocking state AI laws tied to the BEAD program.
Industry players including Google LLC, OpenAI and others had advocated for federal action to avoid a patchwork of
state regulations that they say stifle innovation.
State lawmakers from different parties warned that attempts at AI preemption could weaken protections for consumers, children and rural communities.
What now for AI preemption?
With the draft order on hold, the prospect of AI preemption being implemented through this path has been delayed.
The White House did not comment directly; officials had said that any discussion of potential orders remained speculative.
Stakeholders are now watching whether an alternate approach to federal regulation of AI, or a revised federal-state framework, will emerge.
Implications of the Pause
Because AI preemption has been paused, states retain their current regulatory prerogatives over AI for now.
Industry advocates may reassess their
strategies for achieving uniform regulation.States may view this as a win for their regulatory autonomy and may continue or expand their own AI measures.
Federal–state dynamics in AI governance will remain in flux until a new path forward is defined.
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White House Delays AI Preemption Plan first appeared on
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