Caveat Take it down or shut it down?
May 22, 2025
This week, the podcast dives into the controversy surrounding a federal proposal aimed at limiting state AI laws for a decade, sparking concerns of unconstitutionality and favoritism towards Big Tech. It also discusses the newly signed Take It Down Act, targeting non-consensual intimate images and AI deepfakes, while raising alarms about potential censorship and enforcement issues. The balance between privacy rights and free speech is explored, highlighting the challenges faced by lawmakers in the digital age.
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Federal AI Regulation Preemption
- A federal provision in a big bill would block states from regulating AI for the next 10 years.
- This preemptive ban is unusual and could hinder state innovation in adapting AI laws to local needs.
Byrd Rule Challenges AI Ban Provision
- Reconciliation bills must mainly impact spending or revenue according to the Byrd Rule.
- The AI state law ban likely violates this, risking removal from the bill unless the parliamentarian is overruled.
Commerce Clause Basis for AI Regulation
- The federal government may regulate AI under its commerce clause powers.
- While Congress can preempt state laws on such subjects, using this authority to ban all state AI regulation is an unprecedented and risky approach.