How states could effectively ban ChatGPT
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States like Florida are starting to test how far they can go to rein in ChatGPT and other AI chatbots.
The big picture: A statewide ChatGPT shutdown remains an extreme scenario. But states already have the power to restrict who can use AI, what it can do and where it can be used.
Driving the news: Florida Attorney General James Uthmeier asked a court Monday for a temporary injunction against OpenAI and CEO Sam Altman, alleging the company can't properly regulate itself.
- Florida wants the court to block OpenAI from developing new models without third-party-approved safety guardrails, keep minors off ChatGPT and limit human-like features while the lawsuit proceeds.
State of play: States generally aren't trying to ban AI outright. Instead, they're restricting how it can be used.
Here's how states can restrict AI — or potentially push companies out.
Tell an AI company to change or leave
States can regulate how companies do business within their borders thanks to consumer-protection laws.
- Florida's lawsuit accuses OpenAI of deceptive and harmful practices. The case remains unresolved.
- If the court grants the injunction, OpenAI could have to change ChatGPT in Florida — or stop offering some services there.
What to watch: OpenAI could make changes nationwide or tailor ChatGPT for Florida, using location-based restrictions to limit certain features or services.
Restrict how minors use AI
States are also pushing AI companies to add protections for minors.
- In California, SB 1119 (known as "Adam's Law") regulates how minors interact with companion chatbots.
- It requires crisis protocols for suicidal ideation and alerts parents when a child disables safety settings.
The other side: OpenAI launched ChatGPT for Teens in August, putting minors in a specialized AI ecosystem.
Take away certain uses and features
States can wall off certain ways to use AI, meaning a chatbot could be permitted to do something in one state but not another.
- Illinois bars AI from independently providing mental-health treatment or making therapeutic decisions, while allowing limited administrative and supplemental uses.
- Nevada prohibits AI systems from posing as mental-health providers or being designed to provide professional mental-health care.
Block AI in certain places
Governments can also restrict how AI is used in schools, courts and public agencies.
- New York City public schools banned certain generative AI for students, while limiting some high school use as well, CNN reports.
- Florida's Eleventh Judicial Circuit requires lawyers to disclose generative-AI use in certain court filings.
- A state could impose similar restrictions across its departments and agencies.
Reality check: States don't have unlimited power over AI. Companies can challenge state restrictions in court, and federal law could preempt some state rules.
