State attorneys general urge Congress not to preempt state authority on artificial intelligence

Rob Bonta, California Attorney General - Official website
Rob Bonta, California Attorney General - Official website
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California Attorney General Rob Bonta has joined a bipartisan group of 36 state attorneys general in urging Congress not to include a provision in the National Defense Authorization Act that would prevent states from enacting or enforcing laws addressing the risks associated with artificial intelligence (AI). In their letter, the attorneys general argue that while AI offers transformative potential across various sectors, it also presents significant dangers, particularly for children. They emphasize the need for states to have the authority to use current laws and develop new strategies to address these risks.

“Without appropriate guardrails, artificial intelligence poses significant risks to Americans nationwide, whether they be deepfake-empowered scams, AI outputs that drive individuals toward mental illness and self-harm, or AI chatbots that take part in sexual roleplay with children,” said Attorney General Bonta. “AI’s capabilities are rapidly evolving, and state-level engagement and enforcement is critical for both protecting citizens against short-term dangers and pioneering long-term solutions. We welcome efforts by Congress to address the risks associated with AI, but my fellow attorneys general and I must retain the right to protect our residents while those efforts are ongoing. We urge Congress to reject any attempts to limit our ability to protect state residents from emerging threats, artificially generated or otherwise.”

Attorney General Bonta has previously taken legal action against technology companies such as Meta and TikTok. These lawsuits allege that the companies designed their platforms in ways intended to make young users addicted, causing harm both mentally and physically.

Earlier this year, Bonta issued two legal advisories reminding consumers of their rights regarding AI technologies and advising businesses and healthcare providers about their responsibilities under California law when developing or using AI systems. Despite rapid advances in AI technology, businesses are still required to comply with existing California regulations.

In recent months, Bonta sent several letters opposing a proposed 10-year federal ban on states enforcing any law related to AI or automated decision-making systems. He argued that because of how quickly AI evolves, states need flexibility in responding through legislation or regulation. The proposed ban was ultimately rejected in July.

In September, Bonta wrote a letter expressing concern over inappropriate interactions between OpenAI’s products and children.

The coalition includes attorneys general from New Hampshire, New York, North Carolina, Utah, American Samoa, Arizona, Connecticut, Delaware, the District of Columbia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New Mexico,the Northern Mariana Islands , Ohio , Oregon , Pennsylvania , Rhode Island , South Carolina , Tennessee ,the U.S.Virgin Islands,Vermont , Washington,and Wisconsin.



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