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The US Senate is close to passing a provision that would temporarily block states from enforcing their own AI laws - but only if they receive funding from a new $500 million broadband expansion program. The measure, which is part of a tax bill backed by former President Donald Trump, is being driven by Senator Ted Cruz.

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The original draft called for a ten-year ban on state-level AI laws, but negotiations have cut the restriction to five years.

The proposal includes explicit exceptions: state laws aimed at protecting children online, as well as certain copyright rules, are allowed to remain in force. For example, Tennessee's ELVIS Act - which bans the use of AI to mimic musicians' voices without consent - will stay in place. The ELVIS Act was a major sticking point during negotiations, according to Bloomberg. Senator Marsha Blackburn, who represents Nashville's music industry hub, made sure that laws protecting creatives and other vulnerable groups would continue to apply.

A broad alliance of business leaders and politicians have lined up behind the measure. Microsoft, Meta, and venture capital firm Andreessen Horowitz all support the plan, along with prominent tech figures like Palmer Luckey (Anduril) and Joe Lonsdale (Palantir). Commerce Secretary Howard Lutnick and White House advisors David Sacks and Michael Kratsios are also backing the proposal. Supporters argue that unified federal rules are crucial for national security and maintaining US tech competitiveness.

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Not everyone is on board, even within the Republican Party. Some senators have criticized the proposal as a gift to Big Tech. The measure initially faced long odds in the Senate, where just a few dissenting votes could have derailed it. But the compromise between Cruz and Blackburn appears to have secured enough support for passage. Whether the revised version will also pass in the House of Representatives remains unclear.

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Summary
  • The US Senate is nearing approval of a measure that would block states from enforcing their own AI laws for five years—but only if those states accept funding from a new $500 million broadband expansion program tied to a Trump-backed tax bill.
  • Exceptions in the proposal ensure that state laws protecting children online and certain copyright protections would remain in force.
  • The measure is backed by major tech companies and investors, including Microsoft, Meta, and Andreessen Horowitz, who say nationwide rules are needed for security and competitiveness, though some senators have criticized the plan as favoring large tech firms; its fate in the House is still uncertain.
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Max is the managing editor of THE DECODER, bringing his background in philosophy to explore questions of consciousness and whether machines truly think or just pretend to.
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