Attorney General Bonta, Consortium of Privacy Regulators Strongly Oppose Ban on State AI Regulation

Ban would leave Americans unprotected from current AI-related harms

OAKLAND — California Attorney General Rob Bonta, as part of the Consortium of Privacy Regulators (Consortium), today sent a letter to U.S. Senate leaders urging lawmakers to remove a provision in the federal budget reconciliation bill that establishes a 10-year ban on states from enforcing any state law or regulation addressing artificial intelligence (AI) and automated decision-making systems. In the letter, the Consortium explains that the rapidly evolving nature of AI technology demands the flexibility and responsiveness that states can provide and asks lawmakers to remove the provision and ensure that states retain their essential role in protecting their residents from privacy harms. Last month, Attorney General Bonta joined a bipartisan coalition of 40 attorneys general in sending a similar letter voicing nationwide concern and opposition over the ban. 

“Leaders nationwide — across both sides of the aisle — are sounding the alarm: a ban on state AI regulation could rob millions of Americans of rights they already enjoy and end states’ ability to swiftly respond to emerging and evolving privacy challenges spurred by AI technology,” said Attorney General Bonta. “States are often on the front lines of developing strong privacy and technology protections for their residents — I urge lawmakers to remove the 10-year AI regulation ban provision on states and allow this important work to continue.”

AI systems affect nearly all aspects of everyday life. The promise of AI raises exciting and important possibilities. But, like any emerging technology, there are risks to adoption without responsible, appropriate, and thoughtful oversight. States have played a leading role in developing strong privacy and technology protections to address a wide range of harms associated with AI and automated decision-making. State privacy authorities are often the first to receive consumer complaints and identify problematic practices and have the proximity and agility to identify emerging threats and implement innovative solutions. In the letter, the Consortium explains that state privacy laws already address substantial privacy harms posed by AI, and provide consumers with transparency about how their personal information is used. The ban threatens these important protections, creating legal uncertainty, undermining years of regulatory development, and creating a regulatory vacuum that threatens the privacy rights of Americans nationwide. 

In April, Attorney General Bonta announced an agreement of formal collaboration between seven states and the California Privacy Protection Agency (CPPA) to promote collaboration and information sharing in the bipartisan effort to safeguard the privacy rights of consumers. Known as the Consortium of Privacy Regulators, the group regularly discusses developments in privacy law, shared priorities, and coordinates enforcement, as appropriate, based on the members’ common interest. 

In sending today’s letter, Attorney General Bonta joins the CCPA and the attorneys general of Connecticut, Delaware, New Jersey, Oregon, and Vermont. 

A copy of the letter can be found here.