Lawrence Spiwack

The age of Artificial Intelligence is upon us. What should the policy response be? The Biden Administration advocated for an “all of government” regulatory approach to AI in the hopes of somehow controlling the technology. In contrast, the Trump Administration has embraced AI and wants to encourage its natural growth with a de-regulatory approach. Regardless of which policy approach one may prefer, given the vast economic impact that AI will have on the U.S.

Efforts to regulate Artificial Intelligence at the state level are proliferating like mushrooms after it rains. Unfortunately, given the lack of a clear statement by Congress that the federal government can preempt such state AI laws, current legal options to stop the proliferation of state AI regulation are shaky at best.