Illustration: Sarah Grillo/Axios
Efforts in D.C. to stop state-level AI legislation are clashing with a novel California chatbot bill.
Why it matters: All over the country, states are advancing and implementing AI safeguards while Congress considers a national moratorium in the reconciliation bill.
- In California, one measure aims to counter tech marketing of chatbots as an alleviation to loneliness and mental health struggles.
- California Sen. Steve Padilla, the bill's author, told Axios he "can't think of a more irresponsible or stupid thing to do at this juncture" than for Congress to pass the AI moratorium and stop state lawmakers from regulating the tech.
Zoom in: SB-243 would regulate interactions between chatbots and users by prohibiting operators from using the bot to boost user engagement and requiring a clear label to state that the bot is not human.
- The bill also requires an annual report to the Office of Suicide Prevention detailing the number of times suicidal ideation was detected. The office would then post that data on its website.
- The bill has bipartisan support and is set for a state Senate vote today. It's expected to pass and reach the California Assembly next week.
Zoom out: On Capitol Hill, senators are gearing up to debate the House reconciliation bill.
- Senate Commerce Chair Ted Cruz has expressed concern the Byrd Rule will get in the way.
- Cruz is planning to introduce a bill soon that would create an AI regulatory sandbox that includes the same moratorium for state bills.
What they're saying: "We missed an opportunity with the advent of social media and we have a window of opportunity here to act that we should take advantage of," Padilla said.
- Asked if states should sue if the moratorium passes, Padilla said "every option is on the table."
- Sen. Alex Padilla told Axios in a statement that "the proposed 10-year moratorium on artificial intelligence regulation does not belong in a budget bill, and it's ludicrous that Republicans would choose to jam in this provision instead of working with Democrats on AI policy."
The big picture: California has historically led on tech regulation while Congress gets stuck in debate mode — first on privacy and now on AI.
- The state has enacted a wide range of bills addressing everything from digital replicas of individuals to election ads, and has more legislation in the works.
- On Tuesday, 260 state lawmakers from both sides of the aisle across all 50 states sent a letter to Congress urging lawmakers to oppose the moratorium.
