US Sen. Blackburn proposes AI framework to protect children, copyrights

U.S. Congress' slow move on federal artificial intelligence policy may be coming to an end. U.S. Sen. Marsha Blackburn, R-Tenn., introduced a fresh discussion draft 18 March aimed at kickstarting lawmaker dialogue toward delivering on the White House's goal to preempt state-level AI legislation, as outlined in its December 2025 executive order.

Blackburn's draft framework primarily focuses on protections and requirements around children's online safety and copyright issues, combining some of her previously introduced bills to create preemptive legislation. The children's provisions are based on the proposed Kids Online Safety Act while copyright portions are taken from the NO FAKES Act.

"Instead of pushing AI amnesty, President (Donald) Trump rightfully called on Congress to pass federal standards and protections to solve the patchwork of state laws that has hindered AI innovation," Blackburn said in a statement. "Congress must answer his call to establish one federal rulebook for AI to protect children, creators, conservatives, and communities across the country and ensure America triumphs over foreign adversaries in the global race for AI dominance."

For children under age 17, the framework would place a duty of care on developers while requiring AI chatbot safeguards, data protection standards and a consumer mechanism to report AI harms. 

A private right of action is also included for child harms "caused by the AI system for defective design, failure to warn, express warranty, and unreasonably dangerous or defective product claims." Litigation would be viable with a proposed sunset of platform liability protections under Section 230 of the Communications Act.

Copyright provisions are highlighted by "new federal transparency guidelines for marking, authenticating and detecting AI-generated content." The framework would also task the U.S. National Institute of Standards and Technology with creating cybersecurity standards that "prevent tampering with provenance and watermarking on AI content."

The draft also requires third-party audits for bias and discrimination based on political affiliation, and measures to boost AI innovation.

Blackburn's discussion runs counter to the Trump administration's executive order, which indicated a forthcoming policy recommendation to Congress would avoid proposals that preempt state laws covering children's online safety and "other topics as shall be determined."

According to Axios, Blackburn has been in close contact with the White House, which is soon expected to introduce a separate legislative recommendation that will create a fluid policy discussion alongside Blackburn's draft. The goal is to blend the proposals, as deemed fit and appropriate, and arrive at the "uniform" policy mandated under the executive order.

"It basically states the policy of (the) administration is to create that federal framework," White House Special Advisor for AI and Crypto David Sacks said when the order was signed. "We're going to work with Congress ... to define that framework, but in the meantime, this (order) gives (Trump) tools to push back on the most onerous and excessive state regulations."