As artificial intelligence evolves rapidly in the United States, policymakers are debating not only how the technology should be regulated, but also which level of government should have the authority over those rules. Recent federal and state policy proposals have used preemption—or limiting and overriding the regulatory authority of lower levels of government—to govern the use, development, and regulation of AI platforms and data centers. Some advocates argue that preemption can be a comprehensive response to a patchwork of state and local laws governing AI, while others believe it could reduce opportunities for local voice and constituent protections, particularly in those states that oppose the federal AI framework. As lawmakers continue developing legal frameworks for AI, they need to be clear about how and why they are using preemption to prevent community harm and to amplify the voices of those they represent.

Full report : Should Governments Use Preemption to Regulate AI?