How US States Are Shaping AI Policy Amid Federal Debate and Industry Pushback

Last week, following months of negotiation and just weeks before the first legal deadlines under the EU AI Act take effect, the European Commission published the final Code of Practice on General-Purpose AI. The Code is voluntary and intended to help companies demonstrate compliance with the AI Act. It sets out detailed expectations around transparency, copyright, and measures to mitigate systemic risks. Signatories will need to publish summaries of training data, avoid unauthorized use of copyrighted content, and establish internal frameworks to monitor risks. Companies that sign on will see a “reduced administrative burden” and greater legal clarity, the Commission said. At the same time, both European and American tech companies have raised concerns about the AI Act’s implementation timeline, with some calling to “stop the clock” on the AI Act’s rollout.To learn more, Tech Policy Press associate editor Ramsha Jahangir spoke to Luca Bertuzzi, senior AI correspondent at MLex, to unpack the final Code of Practice on GPAI, why it matters, and how it fits into the broader rollout of the AI Act.

In the United States, state legislatures are key players in shaping artificial intelligence policy, as lawmakers attempt to navigate a thicket of politics surrounding complex issues ranging from AI safety, deepfakes, and algorithmic discrimination to workplace automation and government use of AI. The decision by the US Senate to exclude a moratorium on the enforcement of state AI laws from the budget reconciliation package passed by Congress and signed by President Donald Trump over the July 4 weekend leaves the door open for more significant state-level AI policymaking.To take stock of where things stand on state AI policymaking, Tech Policy Press associate editor Cristiano Lima-Strong spoke to two experts:Scott Babwah Brennen, director of NYU’s Center on Technology Policy, and Hayley Tsukayama, associate director of legislative activism at the Electronic Frontier Foundation (EFF).

Helen Nissenbaum, a philosopher, is a professor at Cornell Tech and in the Information Science Department at Cornell University. She is director of the Digital Life Initiative at Cornell Tech, which was launched in 2017 to explore societal perspectives surrounding the development and application of digital technology. Her work on contextual privacy, trust, accountability, security, and values in technology design led her to work with collaborators on projects such as TrackMeNot, a tool to mask a user's real search history by sending search engines a cloud of ‘ghost’ queries, and AdNauseam, a browser extension that obfuscates a user’s browsing data to protect from tracking by advertising networks. Building on such projects, in 2015, she coauthored a book with Finn Brunton called Obfuscation: A User’s Guide for Privacy and Protest. The book detailed ideas on mitigating and defeating digital surveillance. With concerns about surveillance surging in a time of rising authoritarianism and the advent of powerful artificial intelligence technologies, Justin Hendrix reached out to Professor Nissenbaum to find out what she’s thinking in this moment, and how her ideas can be applied to present day phenomena.

At Tech Policy Press we’ve been tracking the emerging application of generative AI systems in content moderation. Recently, the European Center for Not-for-Profit Law (ECNL) released a comprehensive report titled Algorithmic Gatekeepers: The Human Rights Impacts of LLM Content Moderation, which looks at the opportunities and challenges of using generative AI in content moderation systems at scale. Justin Hendrix spoke to its primary author, ECNL senior legal manager Marlena Wisniak.

If you’ve been reading Tech Policy Press closely over the last three weeks, you may have come across one or more posts from collaboration with Data & Society called “Ideologies of Control: A Series on Tech Power and Democratic Crisis.” The articles in the series examine how powerful tech billionaires and authoritarian leaders and thinkers are leveraging AI and digital infrastructure to advance anti-democratic agendas, consolidate control, and reshape society in ways that threaten privacy, labor rights, environmental sustainability, and democratic governance. For this episode, Justin Hendrix spoke to four of the authors who made contributions to the series, including:Jacob Metcalf,  program director of the AI On the Ground Initiative at Data & Society;Tamara Kneese, program director of the Climate, Technology and Justice program at Data & Society;Reem Suleiman,  outgoing US advocacy lead at the Mozilla Foundation and  member of the city of Oakland's Privacy Advisory Commission; and Kevin De Liban, founder of TechTonic Justice.

For a special series of episodes dubbed Through to Thriving that will air throughout the year, Tech Policy Press fellow Anika Collier Navaroli is hosting discussions intended to help us imagine possible futures—for tech and tech policy, for democracy, and society—beyond the moment we are in.The third episode in the series features her conversation with Dr. Timnit Gebru, the founder and executive director of the Distributed Artificial Intelligence Research Institute. Last year, Dr. Gebru wrote an New York Times opinion that asked, “Who Is Tech Really For?” In the piece, she also asked, “what would an internet that served my elders look like?” This year, DAIR has continued to ask these questions by hosting an event and a blog called Possible Futures that imagines “what the world can look like when we design and deploy technology that centers the needs of our communities. In one of these pieces, Dr. Gebru, along with her colleagues Asmelash Teka Hadgu and Dr. Alex Hanna describe “An Internet for Our Elders.”

Concerns about AI chatbots delivering harmful, even profoundly dangerous advice or instructions to users is growing. There is deep concern over the effects of these interactions on children, and a growing number of stories—and lawsuits—about when things go wrong, particularly for teens. In this conversation, Justin Hendrix is joined by three legal experts who are thinking deeply about how to address questions related to chatbots, and about the need for substantially more research on human-AI interaction: Clare Huntington, Barbara Aronstein Black Professor of Law at Columbia Law School;Meetali Jain, founder and director of the Tech Justice Law Project; and Robert Mahari, associate director of Stanford's CodeX Center.

In Europe, the digital regulatory landscape is in flux. Over the past few years, the EU has positioned itself as a global leader in tech regulation, rolling out landmark laws like the AI Act. But now, as the much-anticipated AI Act approaches implementation, the path forward is looking anything but smooth. Reports suggest the European Commission is considering a delay to the AI Act’s rollout due to mounting pressure from industry, difficulties in finalizing technical standards, and geopolitical tensions—including pushback from the US government. At the same time, a broader movement for Europe to reduce its dependence on Amercian tech is gaining momentum: What does this push for digital sovereignty actually mean? To help us unpack all of this, Tech Policy Press associate editor Ramsha Jahangir spoke to Kai Zenner, Head of Office and Digital Policy Advisor to German MEP Axel Voss, and one of the more influential voices shaping the future of EU digital policy.

For a special series of episodes dubbed Through to Thriving that will air throughout the year, Tech Policy Press fellow Anika Collier Navaroli is hosting discussions intended to help us imagine possible futures—for tech and tech policy, for democracy, and society—beyond the moment we are in. The second episode in the series features her conversation with Dr. Desmond Upton Patton, who has long studied the intersection of technology and social issues and advised companies developing technologies and policies for social media and AI. Dr. Patton is the Brian and Randi Schwartz University Professor and Penn Integrates Knowledge University Professor at the University of Pennsylvania, and he serves on the board of Tech Policy Press.Recently, Dr. Patton has been teaching a class within Annenberg and the School of Social Policy & Practice called "Journey to Joy: Designing a Happier Life." In this episode, he discusses his personal and intellectual journey, and what the concept of joy has to do with technology and how we imagine the future.

In this episode, Justin Hendrix speaks with Nerima Wako-Ojiwa, director of Siasa Place, and Odanga Madung, a tech and society researcher and journalist, about the intersection of technology, labor rights, and political power in Kenya and across Africa. The conversation explores the ongoing struggles of content moderators and AI data annotators, who face exploitative working conditions while performing essential labor for major tech companies; the failure of platforms fail to address harmful biases and disinformation that particularly affect African contexts; the ways in which governments increasingly use platform failures as justification for internet censorship and surveillance; and the promise of youth and labor movements that point to a more just and democratic future.