Can the Federal Communications Commission Preempt State AI Laws? A Review of the Communications Act and Interpreting Caselaw

Key Points

• The analysis reveals that state AI regulations may be subject to preemption by federal law.
• Key interpretations of the Communications Act suggest a framework for understanding the limits of state law.
• Recent caselaw highlights tensions between state regulations and federal authority over communications.
• Implications for AI governance indicate a need for clarity in the relationship between state and federal regulations.