Section 2 of Trump’s order is vaguely written to give the administration latitude to challenge a variety of AI laws. The section states, “It is the policy of the United States to maintain and enhance the United States’ global AI dominance through a minimal burden national policy framework for AI.”
Colorado law troubles Trump
The executive order specifically names a Colorado law that requires AI developers to protect consumers from “algorithmic discrimination.” It defines this type of discrimination as “any situation in which the use of an artificial intelligence system results in unlawful discriminatory treatment or effect that disparages an individual or group of individuals on the basis of age, race, sex, and other protected characteristics.”
The Colorado law compels developers of “high risk systems” to make various disclosures, implement a risk management policy and program, gives consumers the right to “correct any inaccurate personal data that the high risk system has processed in making the resulting decision” and allows consumers to appeal any “adverse resulting decision” regarding the consumer arising from the deployment of the high risk system.
Trump’s order alleges that the Colorado law “could also force AI models to produce inaccurate results to avoid ‘discriminatory treatment or impact’ on protected groups.” Trump’s order also notes that “State laws sometimes unintentionally extend regulation beyond state borders, impacting interstate commerce.”
Trump ordered the Commerce Department to evaluate existing state AI laws and identify “onerous” laws that conflict with the policy. The order states, “The evaluation of state AI laws will, at a minimum, identify laws that require AI models to alter their true output, or that could compel AI developers or deployers to disclose or report information in a way that would violate the First Amendment or any other provision of the Constitution.”
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