Section 2 of Trump's order is vaguely written to give the government room to challenge many types of AI laws. “It is the policy of the United States to maintain and enhance United States global AI dominance through a minimally burdensome national policy framework for AI,” the section says.
Colorado law irritates Trump
The executive order specifically mentions a Colorado law that requires AI developers to protect consumers from “algorithmic discrimination.” It defines this type of discrimination as “any circumstance in which the use of an artificial intelligence system results in an unlawful differential treatment or impact that disadvantages an individual or group of individuals on the basis of” age, race, sex and other protected characteristics.
Colorado law requires developers of “high-risk systems” to make various disclosures, implement a risk management policy and program, give consumers the right to “correct any inaccurate personal data that a high-risk system has processed in making a subsequent decision,” and allow consumers to appeal any “adverse consequential decision affecting the consumer arising from the deployment of a high-risk system.”
Trump's order claims that the Colorado law “could even force AI models to produce false results to avoid 'differential treatment or impact' on protected groups.” Trump's order also says that “state laws sometimes impermissibly regulate across state lines, affecting interstate commerce.”
Trump directed the Commerce Department to review existing state AI laws and identify “troublesome” laws that conflict with the policy. “That review of state AI laws will, at a minimum, identify laws that require AI models to alter their veridical results, or that could compel AI developers or implementers to disclose or report information in a manner that would violate the First Amendment or any other provision of the Constitution,” the order said.
