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.
Hellbound and Down 