"In late 2025, President Trump signed an executive order aimed at blocking U.S. states from creating their own AI laws, directing federal agencies to challenge state-level rules in favor of a future unified national framework. But here's the catch: no such federal law currently exists. An executive order is not a statute. It can guide agencies, but it cannot preempt state law."
"That pattern should sound familiar. It's precisely how email marketing law unfolded two decades ago, with state-by-state chaos followed by delayed federal action. The difference is that email eventually got CAN-SPAM and a single rulebook. Privacy never did. That's why privacy compliance today - and AI compliance tomorrow - can't wait on federal clarity. The safest approach is to design programs that assume patchwork rules are here to stay."
An executive order signed in late 2025 directed federal agencies to challenge state AI laws and pushed for a future unified national framework, but no federal AI statute exists to preempt state law. An executive order is not a statute and cannot legally preempt state legislation. AI regulation therefore remains fragmented, with states still free to adopt their own rules. The pattern mirrors the early era of commercial email, when state-by-state anti-spam laws created compliance complexity until CAN-SPAM established a federal baseline. Privacy law never achieved a single federal rulebook. Organizations should design privacy and AI compliance programs that assume enduring patchwork state requirements.
Read at MarTech
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