Congress

On December 11, President Trump signed an Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” (“AI Preemption EO”), the culmination of months of efforts by Republican lawmakers to assert federal primacy over AI regulation.  The AI Preemption EO, which follows the release of a draft version in November, states that “[t]o win”…

Continue Reading President Trump Signs Executive Order to Block State AI Laws

On September 24, 2025, Covington’s tech industry experts explored what legal teams, government affairs professionals, and business leaders at tech companies need to know during this pivotal period and offered insights into anticipated challenges and emerging opportunities in the year ahead. Eight Covington attorneys shared their insights during a 60-minute session moderated by Covington partner…

Continue Reading Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech Industry

On September 10, Senate Commerce, Science, and Transportation Committee Chair Ted Cruz (R-TX) released what he called a “light-touch” regulatory framework for federal AI legislation, outlining five pillars for advancing American AI leadership.  In parallel, Senator Cruz introduced the Strengthening AI Normalization and Diffusion by Oversight and eXperimentation (“SANDBOX”) Act (S. 2750), which…

Continue Reading Senator Cruz Unveils AI Framework and Regulatory Sandbox Bill

In a surprise move, Senate Parliamentarian Elizabeth MacDonough ruled that a proposed moratorium on state and local AI laws satisfies the Byrd Rule, the requirement that reconciliation bills contain only budgetary provisions and omit “extraneous” policy language.  While MacDonough’s determination allows the Senate Commerce Committee’s version of the moratorium to remain in the bill, its…

Continue Reading Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in Doubt

House Republicans have passed through committee a nationwide, 10-year moratorium on the enforcement of state and local laws and regulations that impose requirements on AI and automated decision systems.  The moratorium, which would not apply to laws that promote AI adoption, highlights the widening gap between a wave of new state AI laws and the…

Continue Reading House Republicans Push for 10-Year Moratorium on State AI Laws

On April 28, the House of Representatives voted 409-2 to pass the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act (“TAKE IT DOWN Act”), which criminalizes the publication of nonconsensual intimate visual depictions (“NCII”), and requires online platforms to establish a notice and takedown process for NCII.  The Act…

Continue Reading U.S. Congress Passes Bill Establishing Notice and Takedown Regime for Publication of Nonconsensual Intimate Visual Depictions

This is the first in a new series of Covington blogs on the AI policies, executive orders, and other actions of the new Trump Administration.  This blog describes key actions on AI taken by the Trump Administration in January 2025.

Outgoing President Biden Issues Executive Order and Data Center Guidance for AI Infrastructure

Before turning to the Trump Administration, we note one key AI development from the final weeks of the Biden Administration.  On January 14, in one of his final acts in office, President Biden issued Executive Order 14141 on “Advancing United States Leadership in AI Infrastructure.”  This EO, which remains in force, sets out requirements and deadlines for the construction and operation of “frontier AI infrastructure,” including data centers and clean energy facilities, by private-sector entities on federal land.  Specifically, EO 14141 directs the Departments of Defense (“DOD”) and Energy (“DOE”) to lease federal lands for the construction and operation of AI data centers and clean energy facilities by the end of 2027, establishes solicitation and lease application processes for private sector applicants, directs federal agencies to take various steps to streamline and consolidate environmental permitting for AI infrastructure, and directs the DOE to take steps to update the U.S. electricity grid to meet the growing energy demands of AI. Continue Reading January 2025 AI Developments – Transitioning to the Trump Administration

U.S. Secretary of Commerce nominee Howard Lutnick delivered a detailed preview of what to expect from the Trump Administration on key issues around technology, trade, and intellectual property.  At his nomination hearing before the Senate Committee on Commerce, Science, and Transportation on Wednesday, January 29, Lutnick faced questions from senators about the future of the CHIPS and Science Act, global trade, and particularly U.S. technological competition with China, including export controls and artificial intelligence after the release of China’s AI model “DeepSeek.”  Lutnick, who was introduced by Vice President J.D. Vance, committed to implementing the Trump Administration’s America First agenda. 

If confirmed, Lutnick will lead the Commerce Department’s vast policy portfolio, including export controls for emerging technologies, broadband spectrum access and deployment, AI innovation, and climate and weather issues through the National Oceanic and Atmospheric Administration (“NOAA”).  In his responses to senators’ questions, Lutnick emphasized his pro-business approach and his intent to implement President Trump’s policy objectives including bringing manufacturing—particularly of semiconductors—back to the United States and establishing “reciprocity” with China in response to what he called “unfair” treatment of U.S. businesses.Continue Reading What Commerce Secretary Nominee Howard Lutnick’s Confirmation Hearing Tells Us about Technology Policy in the Trump Administration

The results of the 2024 U.S. election are expected to have significant implications for AI legislation and regulation at both the federal and state level. 

Like the first Trump Administration, the second Trump Administration is likely to prioritize AI innovation, R&D, national security uses of AI, and U.S. private sector investment and leadership in AI.  Although recent AI model testing and reporting requirements established by the Biden Administration may be halted or revoked, efforts to promote private-sector innovation and competition with China are expected to continue.  And while antitrust enforcement involving large technology companies may continue in the Trump Administration, more prescriptive AI rulemaking efforts such as those launched by the current leadership of the Federal Trade Commission (“FTC”) are likely to be curtailed substantially.

In the House and Senate, Republican majorities are likely to adopt priorities similar to those of the Trump Administration, with a continued focus on AI-generated deepfakes and prohibitions on the use of AI for government surveillance and content moderation. 

At the state level, legislatures in California, Texas, Colorado, Connecticut, and others likely will advance AI legislation on issues ranging from algorithmic discrimination to digital replicas and generative AI watermarking. 

This post covers the effects of the recent U.S. election on these areas and what to expect as we enter 2025.  (Click here for our summary of the 2024 election implications on AI-related industrial policy and competition with China.)Continue Reading U.S. AI Policy Expectations in the Trump Administration, GOP Congress, and the States