The U.S. Senate voted early Tuesday to remove a proposed moratorium from the federal budget bill. This outcome marks a pivotal moment in the ongoing debate over artificial intelligence regulation in the United States.

The AI moratorium, initially proposed as part of the One Big Beautiful Bill Act, proposed a 10-year moratorium on the enforcement of AI-related legislation by states or other entities. Specifically, it was designed to restrict the regulation of AI models, systems, or automated decision systems involved in interstate commerce.

The provision faced strong bipartisan opposition, with critics warning that it would leave consumers vulnerable to AI-related harm and undermine state-level consumer protection laws.

After extensive negotiations and public outcry, an amendment to strip the provision from the budget bill was introduced. The Senate voted overwhelmingly in favor of the amendment, thus ending the moratorium effort.

Support for the removal was partially based on states having the ability to enforce their own AI regulations, particularly in areas such as robocalls, deepfakes, and autonomous vehicles. Currently, several state and local jurisdictions have AI protections planned or already in place.

These developments also reflect a growing recognition of the complexities and potential risks associated with AI technologies. Both the federal government and states will likely be grappling with balancing regulation with innovation when it comes to AI for the foreseeable future.

Jackson Lewis will continue to monitor legislative developments related to AI and related technologies.

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Photo of Eric J. Felsberg Eric J. Felsberg

Eric J. Felsberg is a principal in the Long Island, New York office of Jackson Lewis P.C. Eric is the leader of the firm’s AI Governance and Bias Testing and Pre-Employment Assessments subgroups, as well as the Technology industry group. An early adopter…

Eric J. Felsberg is a principal in the Long Island, New York office of Jackson Lewis P.C. Eric is the leader of the firm’s AI Governance and Bias Testing and Pre-Employment Assessments subgroups, as well as the Technology industry group. An early adopter, Eric has long understood the intersection of law and technology and the influence artificial intelligence has on employers today and will have on the workforce of the future.

Recognized as a leading voice in the industry, Eric monitors laws, regulations and trends, providing practical advice and answers to emerging workplace issues before his clients even know to ask the questions. He partners with clients to develop AI governance models, and provides advice and counsel on AI use policies, ethics and transparency issues related to AI products, systems and services. Eric leverages his considerable knowledge of the technology and AI industries to create meaningful partnerships with developers and distributors of AI models and tools and owners of content and data used to train AI applications for the benefit of his clients. He delivers user-friendly counsel and training to employers on everyday employment and compliance issues arising from federal, state and local regulations.

Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.