Comment on What the leaked AI executive order tells us about the Big Tech power grab
IWW4@lemmy.zip 21 hours ago
An EO can prevent states from passing laws?
An EO can prevent states from passing laws?
Federal laws and regulations preempt state laws and regulations.
An EO by itself cannot prevent states from passing laws. The President doesn’t make laws.
What he can do is choose an interpretation of an existing law which creates a federal regulation on AI (likely through the FCC), preventing states from regulating them.
He can try.
Each of the fifty states literally has its own legal system, which are as a rule very particular about the separation of powers.
If Trump signs an EO directing the FCC to declare AI a.“telecommunications” product.that states aren’t allowed to regulate, there’d be that same week ten to fifty lawsuits by the states asserting that the EO was unconstitutional and had zero effect.
What the AI oligarchs want is for the FCC to decide this on their own without an EO, or for Congress to pass a law. (Although Scotus has made noises about lifting what can be done without Congress in other areas …)
Short answer: no
ZILtoid1991@lemmy.world 1 hour ago
In theory: no.
In practice: spineless fuckers like Gavin Newsom will follow through it, save for doing some bare-minimum pornographic deepfake bans the corporations will agree on, and will still allow non-pornographic deepfakes.