Federal Preemption Advocated to Prevent 50-State AI Regulatory Patchwork

Advocates are increasingly calling for a unified federal approach to Artificial Intelligence (AI) policy, urging a "pause" on state-level regulations to foster permissionless innovation and ensure equitable access to AI features across the United States. A recent social media post by "Yaël⚜️" underscored this sentiment, stating, > "American policy on AI needs to encourage permissionless innovation and ensure users aren't blocked from using certain features based only on their zip codes. It's why a federal pause on state-level AI rules is still the way to go." The post specifically credited policy analyst Adam Thierer as a key figure in this discussion.

The concept of "permissionless innovation" is central to this advocacy, suggesting that technological development should proceed without requiring prior regulatory approval, with legal frameworks addressing harms only once they become evident. This approach is widely seen as crucial for maintaining America's global leadership in AI, promoting rapid advancements and economic growth. Proponents argue that an agile regulatory environment allows innovators to experiment and deploy new technologies quickly.

However, the proliferation of state-level AI regulations poses a significant challenge, threatening to create a fragmented and burdensome compliance landscape. Reports indicate over 1,000 state-level AI regulations were introduced in 2025 alone, potentially leading to a "50-state patchwork" of conflicting laws. This regulatory complexity could stifle smaller businesses and startups, making it difficult for them to navigate varied requirements and potentially leading to uneven access to AI services based on geographical location.

In response, there is a growing push for Congress to lead the way on American AI policymaking, establishing a single federal framework. This would prevent regulatory arbitrage and ensure consistency across state lines. Furthermore, many experts contend that existing federal and state laws already provide mechanisms to address potential harms from AI, such as discrimination and consumer protection, without the need for new, preemptive AI-specific legislation.

Adam Thierer, a senior research fellow at the R Street Institute and author of "Permissionless Innovation," has consistently championed this policy stance. His work emphasizes the dangers of over-regulation and the importance of allowing market forces and existing legal structures to guide AI development, rather than imposing prescriptive rules that could hinder progress. The White House, in a January 2025 Executive Order, also indicated a focus on removing barriers to American AI innovation to sustain global dominance.

Ultimately, proponents argue that a cohesive national strategy, prioritizing permissionless innovation and federal preemption over a fragmented state-by-state approach, is essential for the United States to secure its position as a global leader in artificial intelligence and ensure broad, equitable access to its transformative benefits.