Recently, the U.S. House Committee on Energy and Commerce (House E&C) proposed a budget reconciliation proposal that includes an eye-catching federal ban. This ban plans to prohibit states from enacting any laws or regulations related to artificial intelligence (AI) and associated technologies for the next decade. The proposal passed the committee on May 14 and has garnered significant attention.

Law, regulations, courts

The "Artificial Intelligence and Information Technology Modernization Initiative: Ban" clause in the proposal clearly stipulates: "No state or its subordinate political entities shall enforce any law or regulatory measures to regulate artificial intelligence models, systems, or automated decision-making systems within ten years from the date of implementation of this act." The purpose of this clause is to deprive states of their power to enact regulations in the AI field and hinder their response to potential risks.

Currently, states have begun to formulate laws to ensure transparency, algorithmic fairness, and accountability in order to prevent various practical problems caused by AI systems. For example, some states are considering proposals to ban AI systems from automatically firing employees. However, if this federal ban takes effect, any state legislation involving these issues will be unenforceable. This ban could lead to a decrease in public trust in AI systems, affecting their widespread adoption and application.

This move by Congress is seen as a major concession to big tech companies and the AI industry, especially since Congress has repeatedly expressed its desire for oversight and accountability regarding these companies in recent years. The implementation of this ban is viewed as a severe infringement on local legislative power, with no alternative federal regulations provided to fill the void at the time it was introduced.

Opponents argue that Congress's proposal ignores the necessity and importance of local legislation. States are often considered laboratories for policy innovation amidst rapid technological development. Through local legislation, states can quickly respond to residents' needs and explore effective AI policy solutions. However, this ban could hinder this process, preventing local governments from taking measures to address existing AI-related issues.

With the advancement of AI technology, this ban by Congress could have far-reaching impacts on technological development over the next decade. People generally expect Congress to take proactive actions in addressing emerging issues instead of constraining local government initiatives.

Key Points:

🌐 For the next decade, the federal ban will prohibit states from enacting any laws or regulations regarding artificial intelligence.

🚫 This ban will deprive states of the power to ensure transparency and accountability, impacting public trust in AI.

📜 Opponents argue that Congress's ban hinders local legislative innovation and fails to provide effective alternative regulations.