AI Regulation: Federal vs. State Authority and Common Law

Agreement on Common Law and State Authority

• ⚖️ Experts agree that unless Congress expressly tramples on common law, it remains a tool of the states, even with federal laws in place.
• 🚗 Historically, changes in technology (e.g., from horses to cars) did not require major changes in law, with state laws continuing to apply to issues like product liability.
• 💡 States should retain the ability to experiment with their own laws and common law, ensuring continued protection for citizens.

Federal Leadership in Specific AI Areas

• 🌐 For certain aspects of AI, like patent and copyright, federal standards are necessary to avoid a patchwork of laws across states and to present a single voice internationally.
• ✈️ The analogy is made that just as we don't have 50 different aviation or FDA standards, a similar unified approach is needed for AI to prevent chaos.

Exemptions and Consumer Protection

• ✅ Generally applicable laws such as civil rights, anti-discrimination, anti-fraud, competition policy, and consumer protection should be exempt from federal preemption or moratoriums.
• ⚖️ States have the right to enact charges and pursue legal action, particularly in cases of severe harm like death by fentanyl.
• 🛠️ The existing legal framework, including a robust trial bar, is capable of holding bad actors accountable, regardless of the technology used.

Ensuring Causes of Action and Accountability

• 📌 When harm is done to individuals in a state, they must have a reasonable cause of action, available through states if not federally.
• 🤝 There is a common goal to ensure that any new AI protection laws do not impede existing causes of action.
• ☠️ There is a strong desire to hold those who knowingly deceive and sell deadly substances, like fentanyl, accountable, potentially with murder charges.
• 🤝 Bipartisan support exists for measures like PADRE, which addresses deep fakes and digital likenesses, and the focus is on protecting families from losses related to such issues.