Policy analysis: US House committee seeks moratorium on state AI rules

Just as U.S. state legislative sessions wind down with more artificial intelligence laws on the books, federal policymakers appear to be seeking limits on state AI enforcement.

In advance of a committee markup scheduled for 13 May, the U.S. House Energy and Commerce Committee published proposed text for its part of a draft budget resolution, which is on a fast-track to passage by the full Republican-controlled Congress.

In relevant part, the proposal seeks to block the enforcement of state AI laws during a time-limited moratorium. Specifically, it reads, "no State or political subdivision thereof may enforce any law or regulation regulating artificial intelligence models, artificial intelligence systems, or automated decision systems during the 10-year period beginning on the date of the enactment of this Act."

IAPP's Editorial team reported on the development 12 May, including initial reactions from stakeholders.

A targeted strike?

At first blush, this language may seem expansive, as it incorporates prior broad legislative definitions of AI. Laws with the effect of regulating AI are innumerable.

However, the moratorium is presented alongside a "rule of construction," which limits its operation explicitly to those state and local rules that apply differently to AI systems than to other technical systems. Thus, the ban on enforcement appears designed to avoid applying to any technology neutral law, which means it would potentially not affect civil rights, consumer protection, privacy or other laws that treat harmful outcomes the same whether facilitated by AI systems or not.