By: Travis Hall, Samir Jain
Last night, the Trump Administration released an Executive Order (EO) setting forth various directives to his administration that purport to preempt state laws regarding artificial intelligence (AI). But he cannot constitutionally preempt state laws via EO, and the substance of the EO is as a result a cobbled-together set of largely toothless directives. The Administration appears to recognize that it does not have the authority to preempt and lays out what it would like to see in a Congressionally passed moratorium, but nearly identical proposals have been rejected twice already, once on a 99-1 vote. States shouldn’t feel constrained by this EO, and should instead forge ahead with AI legislation they feel will protect their residents. Each of the operative provisions of the EO is inherently flawed.










