preemption

The FTC voted 2-0 to open comment through July 31 on a proposed statement treating undisclosed ideological AI output-steering as deception and calling Colorado's AI Act impliedly preempted.

A 269-page bipartisan discussion draft from Reps. Obernolte and Trahan would place large frontier AI developers under semi-annual federal audits and preempt state AI-development laws for three years.

Governor Hochul's March 27 chapter amendment transforms New York's RAISE Act from a vague skeleton into binding law, imposing 72-hour incident reporting and mandatory safety frameworks on frontier AI developers before federal preemption efforts can intervene.

The Trump administration's 90-day clock runs out on March 11, forcing the FTC to declare how consumer protection law applies to AI and the Commerce Department to flag state AI laws for potential DOJ litigation.

As the Commerce Department's 90-day deadline approaches, a constitutional confrontation over AI governance is taking shape between the White House and state legislatures across the country.