US President Donald WIRED has learned that Trump is considering signing an executive order that would challenge state efforts to regulate artificial intelligence through lawsuits and withheld federal funding.
A draft of the order seen by WIRED directs US Attorney General Pam Bondi to create an “AI Litigation Task Force” aimed at suing states in court for passing AI rules that allegedly violate federal laws governing things like free speech and interstate commerce.
Trump could sign the order, currently titled “Eliminating State Law Barriers to National AI Policy,” as early as this week, according to four sources familiar with the matter. A White House spokesperson told WIRED that “discussions regarding potential executive orders are speculation.”
The order says the AI Litigation Task Force will work with several White House technology advisers, including Special Advisor for AI and Crypto David Sachs, to determine which states are violating federal laws detailed in the order. According to the draft, it points to state regulations that “require AI models to alter their true outputs” or compel AI developers to “report information in a manner that would violate the First Amendment or any other provision of the Constitution.”
The order specifically cites recently enacted AI safety laws in California and Colorado, which require AI developers to publish transparency reports about how they train models, among other provisions. Big Tech trade groups including the Chamber of Progress – which is backed by Andreessen Horowitz, Google, and OpenAI – have lobbied strongly against these efforts, which they describe as a “patchwork” approach to AI regulation that hinders innovation. These groups are lobbying for a light-touch set of federal laws to guide AI progress.
“If the president wants to win the AI race, the American people need to know that AI is safe and trustworthy,” says Cody Wenzke, senior policy adviser at the American Civil Liberties Union. “This draft only undermines that trust.”
The order comes as Silicon Valley is increasing pressure on proponents of state AI regulations. For example, a super PAC funded by Andreessen Horowitz, OpenAI co-founder Greg Brockman, and Palantir co-founder Joe Lonsdale recently announced a campaign against New York Assemblyman Alex Borres, the author of the state AI security bill.
House Republicans have also renewed their effort to impose a blanket ban on states introducing laws regulating AI after an earlier version of the measure failed.