THE THREAT OF

AI LAW PREEMPTION

Child Harms


  • AI chatbots provided by frontier US AI labs have regularly encouraged teens to commit self-harm and even suicide.

  • AI law preemption threatens to strike down state laws requiring frontier models to create guardrails that protect children online.

  • At a recent Senate hearing on AI’s child harms, parents of victims urged Congress not to pass state law preemption.

No Accountability for Tech


  • 73% of voters believe AI companies should be held liable for harms from technology they create.

  • State lawmakers are best positioned to provide consumers with the tools to hold big AI labs accountable.

Threats to Democracy


  • AI enables realistic deepfakes, fake news, and automated propaganda that can mislead voters.

  • States have passed new disclosure and labeling requirements for AI-generated political content, protections that would be threatened by state law preemption.

Misinformation


  • AI tools have fueled and amplified conspiracy theories about recent acts of political violence.

  • Recent research finds that AI chatbots are highly susceptible to medical misinformation for patients seeking advice.

THE REALITY OF

SECTION 230

Child Harms


  • Section 230 has shielded platforms from liability even when they knowingly host content that endangers children, from exploitation to addictive design features.

  • With no legal incentive to act, companies have dragged their feet on protecting kids and removing harmful content.

No Accountability for Tech


  • Unlike newspapers or broadcasters, tech giants face no liability for harmful content they amplify because of Section 230.

  • Blanket immunity has let a handful of platforms become dominant gatekeepers without any accountability.

Threats to Democracy


  • Section 230 has enabled platforms to host election misinformation with little accountability.

    • The flood of fake content and propaganda erodes trust in democratic institutions and undermines informed civic debate.

Misinformation


  • Platforms profit from viral falsehoods but avoid accountability because Section 230 protects them from lawsuits.

  • The end result is the unchecked spread of conspiracy theories and false health and election claims.

Congress is preparing to introduce a new pill that would preempt state AI laws. If passed, it would amount to a new shield for Big Tech, giving broad immunity from accountability just as AI creates new harms for workers, children, and families.

Lawmakers in Congress are speaking out.

Read the latest op-ed from ARI’s Brad Carson.

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