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AG Nessel Joins Coalition Opposing Moratorium to Prohibit State AI Regulations

LANSING – Today, Michigan Attorney General Dana Nessel joined a coalition of 39 state and territory attorneys general in sending a letter (PDF) to congressional leadership opposing an amendment recently added by the U.S. House Energy and Commerce Committee to the federal budget reconciliation bill. The amendment would impose a 10-year prohibition on states from enforcing any state law or regulation addressing artificial intelligence (AI) and automated decision-making systems.  

“States play a crucial role in protecting consumers from scammers, bad actors, and growing risks associated with AI,” Nessel said. “Stripping states of the power to act, especially in the absence of any federal protections, is irresponsible and dangerous. Congress and the federal government should work with states, not against them, to ensure AI is developed and used responsibly.”  

The coalition argues that the amendment is sweeping in scope and would severely undermine state-level efforts to prevent known and emerging harms associated with AI. In the absence of comprehensive federal oversight, many states have acted to implement thoughtful and targeted laws that address specific risks posed by AI technologies. Michigan law currently restricts the use of AI in political campaigns to influence elections. The Michigan House of Representatives also, in April, overwhelmingly passed House Bills 4047 and 4048, sponsored by state Representatives Matthew Bierlein and Penelope Tsernoglou. The legislative package is designed to protect individuals from Al-generated explicit material by creating “The Protection from Intimate Deep Fakes Act” and would create a civil cause of action and a crime related to the dissemination of pornographic “deep fakes.”

The attorneys general argue that the amendment fails to propose any federal regulatory framework to replace or supplement existing and proposed state laws, effectively leaving Americans without vital protections against the potential misuse or abuse of AI technologies, and urge Congress to reject the AI moratorium language added to the budget reconciliation bill.  

Joining Attorney General Nessel in sending this letter are the attorneys general of American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Colombia, Hawai’i, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, and Wisconsin.

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