White House Negotiates Federal AI Preemption in Exchange for Kids Safety and Deepfake Protections
Key Takeaways
- ▸White House seeking federal preemption of state AI laws in exchange for KOSA, No Fakes Act, and age verification requirements
- ▸Proposed subject-matter preemption would limit state AI regulation only in areas covered by federal law, preserving state authority elsewhere
- ▸Multiple competing legislative efforts underway; significant opposition from AI safety advocates threatens passage before Congress adjourns
Summary
The White House is negotiating with Capitol Hill to establish federal preemption of certain state AI regulations in exchange for advancing technology policies on children's safety and deepfake protections. Led by Sen. Marsha Blackburn (R-Tenn.), the negotiations aim to finalize a package that includes the Kids Online Safety Act (KOSA), the No Fakes Act (protecting artists from AI impersonation), and age verification requirements. The proposed framework would use "subject-matter preemption," allowing states to retain jurisdiction over AI regulation outside the federal scope, rather than imposing blanket preemption. These talks follow a similar bipartisan House effort by Reps. Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.), who recently released a national AI framework draft that proposes a three-year moratorium on state regulations targeting AI model development. However, passage faces significant obstacles as time runs short in the current Congress, with fierce opposition from AI safety advocates and unresolved partisan disagreements over the approach.
