Trump Draft Order Targets State AI Laws to Shield Tech Giants

The proposed directive would establish an AI Litigation Task Force, led by Attorney General Pam Bondi, to challenge statutes already enacted in both red and blue states. These local measures currently cover critical issues, including protections against predatory landlord algorithms, requirements for employment impact studies, and safeguards regarding AI-powered companion chatbots. By leveraging the argument that federal authority supersedes state commerce laws, the administration aims to preempt dozens of pending bills.

White House AI Special Adviser David Sacks, an investor with ties to the tech sector, is expected to help identify which state laws should be targeted. Commerce Secretary Howard Lutnick would also be empowered to restrict federal broadband funding for states that maintain regulations the White House deems "onerous." This strategy follows a failed attempt in the Senate to ban state-level oversight via the One Big Beautiful Bill Act, which was rejected by a 99-1 vote.

Consumer advocates warn that the order lacks a clear definition of what constitutes an "AI law," potentially creating a loophole for corporations to challenge a broad range of consumer and labor protections. Robert Weissman, co-president of Public Citizen, argued that the policy reflects a subservience to industry interests rather than public safety. Legal experts, including Travis Hall of the Center for Democracy and Technology, contend that such an executive order would face immediate court challenges, noting that preemption is a legislative authority reserved for Congress.