Attorney General Tong Opposes Federal Effort to Ban State AI Laws
Attorney General William Tong is pushing back against a proposal in Congress that would block states from passing their own laws regulating artificial intelligence. Tong, joined by a bipartisan coalition of 36 attorneys general, sent a letter warning federal lawmakers that a ban on state AI legislation would hand unchecked power to the technology industry at a time when no comprehensive federal rules exist. The attorneys general argue that state-level protections currently serve as the only meaningful guardrails against harmful or abusive AI practices, filling the regulatory vacuum that Congress has yet to address. Reports indicate that some lawmakers are considering attaching the AI preemption measure to a military funding bill, similar to an effort blocked earlier this year. Tong called the proposal a giveaway to powerful tech companies seeking to restructure society without accountability, stating that attorneys general will not allow federal law to strip states of their ability to enact basic consumer protections.
The coalition does not deny that AI is a transformative tool with legitimate benefits for health care, public safety, accessibility, and education. Their concern lies in the harms already documented and the speed with which new risks emerge. Attorneys general have seen AI used to distort reality for vulnerable individuals, fuel tailored scams targeting senior citizens, manipulate children in inappropriate conversations, and, in extreme cases, encourage self-harm. As the technology becomes more capable, abuses scale faster than government response. State laws have stepped in as the first line of defense, using existing consumer protection and privacy frameworks to restrict misleading AI content, penalize robocall schemes, and limit the use of deceptive algorithms in markets and public communication. A ban on these state-level approaches would remove the only functioning protections currently available.
Tong and other attorneys general highlight their experience in confronting emerging digital threats without waiting for federal action. Earlier this year they pressured Apple, Microsoft, Meta, and AI companies to adopt safeguards against AI assistants that could manipulate or exploit children. They also demanded intervention from financial platforms and search engines to prevent the circulation and monetization of nonconsensual deepfake images. These actions rely on state authority to police deceptive or dangerous technological practices. The attorneys general warn that a federal prohibition on state AI laws would halt these efforts and leave the public defenseless as companies race ahead with products that can imitate voices, mimic human behavior, generate synthetic sexual material, and influence elections.
Instead of limiting state power, Tong and his colleagues are urging Congress to collaborate with them on developing strong national protections. They argue that any federal standard should serve as a floor rather than a ceiling, giving states the freedom to respond as new threats arise. Attorney General Tong is joined in the letter by the attorneys general of American Samoa, Arizona, California, Delaware, the District of Columbia, Hawaii, Idaho, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Northern Mariana Islands, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Utah, Vermont, the Virgin Islands, Washington, and Wisconsin.
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