Key Takeaways:
- The Trump administration has introduced a national AI regulatory framework, building on the executive order issued late last year.
- The National Policy Framework for Artificial Intelligence calls on Congress to create a uniform federal standard that anticipates the current patchwork of state laws.
- The framework also focuses on issues such as child protection, infrastructure, intellectual property protection and promoting innovation.
Recently, the Trump administration released its National Policy Framework for Artificial Intelligence (AI). This builds on the executive order issued last year and addresses what they call the “most pressing policy topics presented by AI.” This now sets the stage for Congress to act and create some kind of uniform federal standard that could prevent the patchwork of state laws across the US.
It’s unclear whether there will be enough bipartisan support to pass the administration’s proposal in its current form, but as Politico reports, Speaker Mike Johnson has already called on Congress to legislate and codify the administration’s agenda.
There are seven main objectives that the government wants to achieve:
- Child protection and empowerment Parents – The framework calls on Congress to provide tools to help parents manage their children’s digital environment, including privacy settings, screen time, content exposure and account controls. It also calls on Congress to require that AI platforms and services that minors are likely to access implement features that would reduce the risks of sexual exploitation and self-harm to minors. The framework also calls on Congress to build on the Trump Administration’s signing of the Take It Down Act, affirm that existing child privacy protections apply to AI systems, and ensure that states can continue to enforce their own child protection laws.
- Protect and strengthen communities – This section addresses several priorities related to AI infrastructure and community protection. The framework directs Congress to ensure that residential ratepayers do not experience increased electricity costs as a result of the construction of new AI data centers, to streamline federal permitting to allow AI developers to develop or purchase on-site power generation, to combat AI-enabled impersonation and fraud against vulnerable populations such as seniors, and to provide AI resources to small businesses through grants, tax credits, and technical assistance programs. It also calls for ensuring that national security agencies have sufficient technical capacity to understand the capabilities of cutting-edge AI models.
- Intellectual property rights – IP rights are another ongoing concern when it comes to AI, and this framework proposes an approach that would protect creators’ works while giving AI the opportunity to innovate. While the government believes that training AI models on copyrighted material does not violate copyright laws, it supports the possibility that the courts can resolve this issue. The framework also asks Congress to consider enabling licensing frameworks or collective rights systems for rights holders to negotiate compensation from AI providers, and to consider establishing a federal framework that protects individuals from the unauthorized distribution or commercial use of AI-generated digital replicas of their voice, likeness, or other identifiable characteristics.
- Prevent censorship and protect free speech – The framework addresses the need to protect freedom of expression and to prevent AI systems from being used to silence or censor lawful political expression or dissent. It calls on Congress to prevent the government from forcing technology providers, including AI providers, to ban, enforce, or modify content based on partisan or ideological agendas, and to provide Americans with an effective means to seek redress from the federal government for agency efforts to censor speech on AI platforms.
- Enable innovation and ensure American AI dominance – The government is focused on deploying world-class AI systems from the US, removing barriers to innovation and accelerating the deployment of AI applications across all sectors. The framework calls on Congress to establish regulatory sandboxes, provide resources to make federal datasets accessible in AI-ready formats, and avoid creating a new federal regulatory body to regulate AI, but instead support sector-specific AI applications through existing regulatory agencies and industry-led standards.
- Educate Americans and develop an AI-ready workforce – This addresses concerns around AI and its impact on the workforce, calling for education programs, skills training, and apprenticeships that include AI training, expanded federal efforts to study AI workforce realignment, and new opportunities for workers in an AI-powered economy. The framework also calls for strengthening the capacities of land-grant institutions to provide technical assistance and develop AI development programs for youth.
- Establishing a federal policy framework and avoiding burdensome state AI laws – The framework calls on Congress to preempt state AI laws that impose unnecessary burdens and establish a minimally burdensome national standard, while adhering to key principles of federalism. States would retain their traditional police powers to enforce laws of general application, including laws to protect children, prevent fraud, and protect consumers, as well as zoning regulations and requirements governing a state’s own use of AI. However, states would not be allowed to regulate the development of AI or unduly burden U.S. use of AI for activities that would be legal if conducted without AI.
Importantly, the government notes that this framework must be applied uniformly across the country to succeed. Their announcement states: “A patchwork of conflicting state laws would undermine American innovation and our ability to lead in the global AI race.” This was one of the key tenants of last year’s executive order.
There will, of course, be a lot of debate in Congress as they try to reach an agreement on how to regulate this technology on a national scale. We will keep a close eye on the end result and see how closely it will adhere to this original framework.
