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Trump’s Draft Order Would Curb State AI Rules — What It Means

President Trump is weighing a draft executive order that would discourage states from enacting their own AI regulations and begin crafting a national, lighter-touch framework. Four states — Colorado, California, Utah and Texas — already have laws limiting certain data collection and requiring more transparency from AI systems. Supporters say federal uniformity protects innovation; critics warn preemption would favor big tech and strip local protections against bias, deepfakes and other harms. Key political and legal opposition makes broad federal preemption uncertain.

Trump’s Draft Order Would Curb State AI Rules — What It Means

President Donald Trump is considering a draft executive order that would pressure states to stop enacting their own artificial intelligence rules and push for a lighter national framework. The draft — described by administration officials as tentative and subject to change — would direct federal agencies to identify state AI regulations they deem burdensome and take steps to discourage similar laws, including withholding federal funds or pursuing legal challenges.

What the draft would do

The proposed order would start a process to create a federal, lighter-touch regulatory framework intended to preempt many state-level AI laws. Administration officials say the goal is to avoid a patchwork of 50 different regulatory regimes that they argue could slow innovation and allow competitors such as China to catch up.

Existing state rules

So far, four states — Colorado, California, Utah and Texas — have passed laws imposing limits on private-sector AI use. These measures typically curb certain data collection practices and require greater transparency from companies using automated systems. Other state actions have targeted specific AI applications, such as banning deepfakes in elections, outlawing nonconsensual AI-generated pornography, and setting rules for government use of automated decision systems.

Arguments for and against

Supporters of federal preemption, including many technology industry groups, argue that uniform national rules would help companies scale products across state lines and protect smaller firms from a confusing patchwork of laws. TechNet, an industry trade group, has said pausing state regulations could give smaller AI companies breathing room while lawmakers design a nationwide framework.

Critics — including civil liberties, consumer groups and some Republicans — warn that blocking states would mainly benefit large AI firms and remove local protections. They point to real harms from automated systems, such as biased hiring or lending decisions and opaque decision-making that is hard to challenge.

“With a human, I can say, ‘Hey, explain, how did you come to that conclusion, what factors did you consider?’ With an AI, I can’t ask any of that, and I can’t find that out,” said Calli Schroeder, director of the AI & Human Rights Program at the public-interest group EPIC.

Florida Gov. Ron DeSantis has publicly criticized a federal ban on state regulation as unacceptable, calling it a “subsidy to Big Tech” and warning it would prevent states from protecting children and political speech. Cody Venzke, senior policy counsel at the ACLU’s National Political Advocacy Department, said many Americans do not want AI systems that are discriminatory, unsafe or prone to hallucinations.

Political and legal hurdles

Attempts to bar states from regulating AI at the federal level have previously failed, in part because opposition has come from both parties. House Republican leaders are reportedly discussing a proposal to temporarily block state AI laws, but details and scope remain unclear. Legal challenges are likely if the federal government attempts broad preemption of state authority.

Because the draft order was leaked and officials describe it as tentative, its language and enforcement mechanisms could change before any formal signing. The debate highlights a deeper question facing policymakers: how to balance innovation and competitiveness with accountability, safety and civil rights.

Trump’s Draft Order Would Curb State AI Rules — What It Means - CRBC News