With the federal government again threatening to prevent states from regulating AI, another bipartisan coalition of 36 state attorneys general is speaking out through a National Association of Attorneys General policy letter. This time, the preemption language is being proposed in the National Defense Authorization Act. The letter follows one from a 40-AG group in May 2025, pushing back on a similar proposal in the "Big, Beautiful Bill."
Framed as a short follow up letter, the AGs reiterate their position that blocking state laws addressing AI in the states poses risks, in particular to children, by preventing AGs from enforcing their current laws and states from making new ones. The AGs specifically point out one of their more recent concerns with AI, chatbot interactions with children, as yet another potential issue with the technology. They explain that states need to have the ability to regulate AI with specific, "narrowly tailored" new laws (such as laws against deepfakes and comprehensive privacy laws) to "complement longstanding" UDAP laws. The AGs argue that preemption is a particular problem in addressing emerging technologies like AI that require rapid response from the states, as "laboratories of democracy," especially when coupled with "federal inaction." The AGs conclude they are willing to work with Congress on efforts to address AI.
This letter also comes on the heels of the Attorney General Alliance announcing an AI Task Force. We anticipate AGs will continue to be vocal critics of any federal efforts to limit their state law authority especially in responding to risks created by emerging technologies like AI.
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