New Executive AI Order Mandates Minimally Burdensome Approach By States

Key Takeaways

• A new executive order seeks to preempt state AI laws viewed as inconsistent with administration AI policies and establishes a Litigation Task Force to challenge them.
• State courts will be a battleground for determining the viability of state laws and establishing new "industry standards" as legal duties for AI technologies. State AI laws that include safe harbors or mitigation mechanisms, or that are narrowly tailored to specific risks like protecting children, may be acceptable under the new EO.
• The net effect of the new EO's directives remains to be seen as evaluations and policies are executed, published and potentially challenged — but a patchwork of laws, regulations and industry standards will likely remain absent Congressional action.