Comment on What the leaked AI executive order tells us about the Big Tech power grab
FauxLiving@lemmy.world 18 hours agoAn 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.
DomeGuy@lemmy.world 15 hours ago
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 …)