Big Tech’s Last-Ditch Effort to Secure Federal AI Preemption
Big Tech lobbyists are scrambling to secure a comprehensive federal AI law that would override a patchwork of state-level regulations. To push this preemption across the finish line, they have hitched their strategy to the Kids Online Safety Act, sparking legislative chaos and deep skepticism from both parties in Congress.
The White House recently signaled support for a preemption package tied to the Kids Online Safety Act (KOSA), championed by Sen. Marsha Blackburn. This move, however, blindsided House Republicans who had already advanced their own version of the bill. The resulting confusion highlights a deep divide between Senate and House priorities, further complicated by the fact that key Democratic partners were left out of the negotiations. The strategy relies on securing the approval of Mike Davis, a Trump-allied lawyer who insists any legislation must protect his "Four Cs": children, conservatives, creators, and communities.
Even with presidential backing, the path forward remains narrow. Senate KOSA mandates a "duty of care" for tech companies, a provision significantly diluted in the House version. Beyond the internal GOP friction, the bill requires Democratic support to clear the 60-vote threshold in the Senate. With the legislative calendar already crowded by defense spending, immigration, and budget items, time is rapidly running out before the election season. Industry insiders remain unconvinced that this shotgun marriage of convenience can survive, noting that Democrats have little incentive to cooperate on such a deal as the current session draws to a close.
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