WASHINGTON — A move to impose a decade-long prohibition on state regulations concerning artificial intelligence was decisively rejected by the U.S. Senate on Tuesday, with lawmakers voting 99-1 to eliminate the provision from a larger tax reform bill. The proposal faced significant backlash, uniting both Republican and Democratic governors who argued it undermined state authority in an area increasingly critical to public safety and innovation.
Initially crafted as a 10-year ban preventing states from enacting any form of AI regulation, lawmakers later sought to tie the initiative to federal funding. Only states that refrained from imposing regulations would have access to subsidies for broadband infrastructure and AI development. A last-minute effort by Republicans aimed to reduce the prohibition to five years and carve out protections for certain AI-related laws, such as those safeguarding minors and artists from harmful applications of AI technology.
The unexpected alliance between Republican Sen. Marsha Blackburn of Tennessee and Democratic Sen. Maria Cantwell of Washington led to the proposal’s swift demise. They pushed forward an amendment to reject the entire initiative, citing concerns over the responsibility of states to protect their residents amid rising technological challenges.
On the Senate floor, Blackburn expressed her frustration with Congress’s inability to provide clear regulations for emerging technologies, including AI-generated content that poses risks to public figures. “States are the ones ensuring the safety of children online and defending the rights of creators,” she noted, highlighting the local initiatives that have arisen in the absence of comprehensive federal policies.
The voting on the amendment took place during an early morning session, characterized by intense negotiations among lawmakers striving to secure support for the tax bill while countering proposed amendments, primarily from Democratic senators. Advocates for the AI moratorium argued that a fragmented regulatory landscape inhibits the competitiveness of U.S. companies, especially in relation to China.
Some prominent technology leaders initially embraced the idea after discussion at a Senate hearing led by Sen. Ted Cruz from Texas. OpenAI’s CEO noted the difficulty of navigating compliance with numerous state regulations. However, opponents, including state leaders and AI safety advocates, contended that the proposal was overly favorable to the tech industry, protecting them from accountability.
Over the weekend, Cruz attempted to broker a compromise that would have preserved the AI provision while protecting specific laws, such as Tennessee’s ELVIS Act intended to safeguard the voices of country music artists. However, this effort ultimately fell through when Blackburn voiced concerns about the language of the amendment. Cruz alleged that opposition came from various groups opposed to any form of regulation, while also excluding the Republican state legislators who expressed their disapproval.
Critics underscored that the ban, had it been enacted, would have impeded states from safeguarding their constituents and provided no equivalent federal protections. Jim Steyer, founder of Common Sense Media, remarked that the defeat of the regulation underscored a significant victory for child advocacy amidst heightened scrutiny over online safety.
With the amendment’s rejection, many see this moment as a critical turning point in the debate over AI regulation in the United States, leaving the door open for further discussions about how best to balance innovation with protection as the technology landscape continues to evolve.