US President Donald Trump is considering signing an executive order that would seek to challenge state efforts to regulate artificial intelligence through lawsuits and the withholding of federal funding, WIRED has learned.
A draft of the order viewed by WIRED directs US attorney general Pam Bondi to create an “AI Litigation Task Force,” whose purpose is to sue states in court for passing AI regulations that allegedly violate federal laws governing things like free speech and interstate commerce.
Trump could sign the order, which is currently titled “Eliminating State Law Obstruction of National AI Policy,” as early as this week, according to four sources familiar with the matter. A White House spokesperson told WIRED that “discussion about potential executive orders is speculation.”
The order says that the AI Litigation Task Force will work with several White House technology advisors, including the special adviser for AI and crypto, David Sacks, to determine which states are violating federal laws detailed in the order. It points to state regulations that “require AI models to alter their truthful outputs” or compel AI developers to “report information in a manner that would violate the First Amendment or any other provision of the Constitution,” according to the draft.
The order specifically cites recently enacted AI safety laws in California and Colorado that require AI developers to publish transparency reports about how they train models, among other provisions. Big Tech trade groups, including Chamber of Progress—which is backed by Andreessen Horowitz, Google, and OpenAI—have vigorously lobbied against these efforts, which they describe as a “patchwork” approach to AI regulation that hampers innovation. These groups are lobbying instead for a light-touch set of federal laws to guide AI progress.
“If the president wants to win the AI race, the American people need to know that AI is safe and trustworthy,” says Cody Venzke, senior policy counsel at the American Civil Liberties Union. “This draft only undermines that trust.”
The order comes as Silicon Valley has been upping the pressure on proponents of state AI regulations. For example, a super PAC funded by Andreessen Horowitz, OpenAI cofounder Greg Brockman, and Palantir cofounder Joe Lonsdale recently announced a campaign against New York Assembly member Alex Bores, the author of a state AI safety bill.
House Republicans have also renewed their effort to pass a blanket moratorium on states introducing laws regulating AI after an earlier version of the measure failed.