May 16, 2025
Federal pre-emption ideas sprout in AI discussions, but legislation appears far off
Federal pre-emption, a central issue in seemingly endless debate over a national privacy law, has extended into the AI policy realm with calls for a legislative solution focused explicitly on artificial intelligence, but Congress lacks a clear path -- and perhaps the appetite -- for undertaking such an effort.
“Ultimately an argument can easily be made for federal pre-emption, but thus far it’s unclear what part of AI the federal government or Congress would address to start with,” observed Norma...