Yesterday, President Trump signed an Executive Order that gives the federal government the sole authority to regulate AI. The EO provides three justifications for asserting federal authority.
United States AI companies must be free to innovate without cumbersome regulation. But excessive State regulation thwarts this imperative. First, State-by-State regulation by definition creates a patchwork of 50 different regulatory regimes that makes compliance more challenging, particularly for start-ups. Second, State laws are increasingly responsible for requiring entities to embed ideological bias within models. For example, a new Colorado law banning “algorithmic discrimination” may even force AI models to produce false results in order to avoid a “differential treatment or impact” on protected groups. Third, State laws sometimes impermissibly regulate beyond State borders, impinging on interstate commerce.
Within 30 days, the U.S. Attorney General is required to establish an AI Litigation Task Force with the sole responsibility to challenge State AI Laws. It seems likely this will result in a series of federal lawsuits trying to preempt any State AI regulations.
Of concern to the broadband world is that the EO includes specific language that singles out BEAD grant funding. The EO says:
Within 90 days of the date of this order, the Secretary of Commerce, through the Assistant Secretary of Commerce for Communications and Information, shall issue a Policy Notice specifying the conditions under which States may be eligible for remaining funding under the Broadband Equity Access and Deployment (BEAD) Program that was saved through my Administration’s “Benefit of the Bargain” reforms, consistent with 47 U.S.C. 1702(e)-(f). That Policy Notice must provide that States with onerous AI laws identified pursuant to section 4 of this order are ineligible for non-deployment funds, to the maximum extent allowed by Federal law. The Policy Notice must also describe how a fragmented State regulatory landscape for AI threatens to undermine BEAD-funded deployments, the growth of AI applications reliant on high-speed networks, and BEAD’s mission of delivering universal, high-speed connectivity.
In case you are wondering the extent of State AI regulations, the following map comes from BCLP, which is accompanied by a description of existing and pending AI regulations, by State. As this map shows, over half of the States already have some form of AI regulation, and only three states don’t have existing or pending AI regulations. 
It’s been clear that NTIA has been seeking a mechanism for denying non-deployment funds, which are the portion of the $42.5 billion in BEAD that is not being spent on infrastructure. Current estimates are that non-deployment funds will be more than $21 billion. These funds are supposed to be distributed to States under the IIJA legislation. This EO gives NTIA the grounds for denying non-deployment funds for a lot of States.
If you read through the existing AI regulations, most are of two types. Many States have enacted legislation that makes it illegal to use AI to defraud people, adding AI to laws that already forbid using emails, telephone calls, and other forms of communication. There are also States that have legislation that tries to protect citizens privacy. There are a few States with other restrictions.
State Broadband Offices in States that have AI regulations do not have the power to overturn AI regulations, and State legislatures must act if they want to cancel AI regulations to preserve non-deployment funds. That may be a futile effort, because my best guess is that we haven’t seen the end of attempts to deny non-deployment funds and that this is only the first volley. For what it’s worth, there is opposition to overturning State regulation of AI in Congress, but it would be extraordinary for this Congress to override an Executive Order with legislation.







