President Donald Trump's executive order aimed at blocking states from crafting their own regulations for artificial intelligence could be illegal, some consumer advocacy groups argue.
"The good news is, this EO [executive order] is mostly bluster. The President cannot unilaterally preempt state law. States should refuse to be cowed in regulating Big Tech," Robert Weissman, co-president of Public Citizen, said in a statement.
"We expect the EO to be challenged in court and defeated; in the meantime, states should continue their efforts to protect their residents from the mounting dangers of unregulated AI."
Public Citizen describes itself as a nonprofit consumer advocacy organization that "champions the public interest in the halls of power."
The National Consumer Law Center said the executive order "flies in the face of the critical and constitutional role states have in protecting the public."
"States have a vital role in protecting the public from the myriad of known and unknown risks of AI, which can be used to improperly reject people for credit, jobs, and housing; freeze or steal bank accounts; abuse and share private data; and raise the cost of living through surveillance pricing," Lauren Saunders, associate director and director of federal advocacy at the center, said in a statement.
John Bergmayer, legal director of the nonprofit advocacy group Public Knowledge, said an EO can't preempt state legislative action.
"They're trying to find a way to bypass Congress with these various theories in the executive order. Legally, I don't think they work very well."
Trump's executive order, signed Thursday, directs the attorney general to create a new task force to challenge state laws, and directs the Department of Commerce to draw up a list of problematic regulations.
It also threatens to restrict funding from a broadband deployment program and other grant programs to states with AI laws.
Four states — California, Colorado, Texas, and Utah — have passed laws that set some rules for AI across the private sector, according to the International Association of Privacy Professionals.
Those laws include limiting the collection of certain personal information and requiring more transparency from companies.
The laws are in response to the AI that already pervades everyday life. The technology helps make consequential decisions for Americans, including who gets a job interview, an apartment lease, a home loan, and even certain medical care.
But research has shown that it can make mistakes in those decisions, including by prioritizing a particular gender or race.
States' AI regulation proposals require private companies to provide transparency and assess possible risks of discrimination from their AI programs.
The Associated Press contributed to this report.
Solange Reyner ✉
Solange Reyner is a writer and editor for Newsmax. She has more than 15 years in the journalism industry reporting and covering news, sports and politics.
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