Cozen O'Connor

  • A bipartisan coalition of twenty-three AGs submitted reply comments to the FCC in response to a September 2025 notice of inquiry examining whether the FCC should preempt state and local laws regulating artificial intelligence.
  • In the filing, the AGs argue that the FCC lacks statutory authority to preempt state AI laws and that any attempt to do so would undermine states’ ability to protect consumers and address harms arising from AI systems and other automated tools that states have historically regulated under consumer protection and privacy laws. They further contend that the notice is too vague under the Administrative Procedure Act to result in agency action.
  • The AGs urge the FCC to refrain from issuing any declaratory ruling preempting state AI laws and instead allow Congress to determine whether and how federal preemption should occur in this area.
  • We have previously reported on bipartisan AG initiatives opposing federal preemption of state AI laws, including a bipartisan letter to congressional leaders urging them to reject any effort to include a ban on state AI laws in federal legislation and the launch of a nationwide bipartisan Task Force on AI.
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