New York Attorney General Letitia James has led a bipartisan group of 36 attorneys general in calling on Congress to reject proposed language in the National Defense Authorization Act (NDAA) that would limit states’ ability to regulate artificial intelligence (AI). The coalition sent a letter to congressional leaders, arguing that states must retain the authority to enforce existing AI laws and introduce new measures as needed to address risks associated with AI technology.
Attorney General James stated, “Every state should be able to enact and enforce its own AI regulations to protect its residents. Certain AI chatbots have been shown to harm our children’s mental health, and AI-generated deepfakes are making it easier for people to fall victim to scams. State governments are the best equipped to address the dangers associated with AI. I am urging Congress to reject Big Tech’s efforts to stop states from enforcing AI regulations that protect our communities.”
The group expressed concern about potential NDAA provisions that would prevent states from enacting or enforcing their own regulations on AI. They noted that while AI offers transformative possibilities, it also introduces significant threats such as scams using deepfakes, misleading social media profiles, and voice clones. The attorneys general highlighted cases where AI chatbots have engaged children in inappropriate conversations involving topics like romantic roleplay, encouragement of self-harm, and advice contrary to healthy social connections.
States have already enacted various laws targeting specific harms linked with AI. For example, New York recently passed legislation requiring chatbots to identify signs of suicidal ideation and notify users at regular intervals that they are interacting with an artificial agent rather than a human being. Other states have introduced measures against explicit material generated by AI, voter misinformation via deepfakes, unwanted spam communications using automated systems, and requirements for transparency when consumers interact with certain types of AI.
The attorneys general argue that the proposed federal preemption in the NDAA would not only stop enforcement of these state laws but also block future legislative responses at the state level. They maintain that state governments are better positioned than federal agencies to adapt quickly as technology evolves and can provide more immediate protections for their communities. In their letter, they call for strong but thoughtful federal regulation without stripping states of their regulatory powers over this rapidly developing industry.
The letter was signed by attorneys general from American Samoa, Arizona, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont Washington Wisconsin as well as the District of Columbia Northern Mariana Islands and Virgin Islands.
