New York Attorney General Letitia James has led a bipartisan group of 36 attorneys general in urging Congress to reject a proposal in the National Defense Authorization Act (NDAA) that would prevent states from passing or enforcing laws regulating artificial intelligence (AI). In a letter sent to congressional leaders, the coalition argued that state governments should maintain the authority to address risks related to AI technology, such as scams and misinformation generated by AI, inappropriate interactions between AI chatbots and children, and other potential harms.
“Every state should be able to enact and enforce its own AI regulations to protect its residents,” said Attorney General James. “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 NDAA proposal under consideration would limit states’ ability to create or enforce their own rules on how AI is used. The attorneys general emphasized that while AI can offer significant benefits, it also presents serious challenges. They cited examples including deepfakes, fraudulent social media accounts, voice cloning used for scams, and chatbots engaging children in conversations involving sensitive topics like self-harm or eating disorders.
Several states have already enacted laws aimed at mitigating these issues. For example, New York requires AI chatbots to detect signs of suicidal ideation and notify users periodically that they are not communicating with a human being. Other states have taken measures against explicit content created by AI, deceptive deepfakes targeting voters or consumers, unwanted spam communications powered by automated systems, and mandates for transparency when consumers interact with certain types of artificial intelligence.
If passed as written, the NDAA language would override these existing laws and prevent future legislation at the state level regarding artificial intelligence regulation. The attorneys general contend that state governments can respond more quickly than federal agencies due to their agility and proximity to local concerns. They argue that without comprehensive federal rules governing artificial intelligence use, removing state authority could expose communities nationwide to greater risk.
Attorney General James was joined 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; the District of Columbia; Northern Mariana Islands; and the Virgin Islands.
