Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Congress Must Not Undermine State Efforts To Regulate AI Harms to Children

Opinion

Congress Must Not Undermine State Efforts To Regulate AI Harms to Children
Congress Must Not Undermine State Efforts To Regulate AI Harms to Children
Getty Images, Dmytro Betsenko

A cornerstone of conservative philosophy is that policy decisions should generally be left to the states. Apparently, this does not apply when the topic is artificial intelligence (AI).

In the name of promoting innovation, and at the urging of the tech industry, Congress quietly included in a 1,000-page bill a single sentence that has the power to undermine efforts to protect against the dangers of unfettered AI development. The sentence imposes a ten-year ban on state regulation of AI, including prohibiting the enforcement of laws already on the books. This brazen approach crossed the line even for conservative U.S. Representative Marjorie Taylor Greene, who remarked, “We have no idea what AI will be capable of in the next 10 years, and giving it free rein and tying states' hands is potentially dangerous.” She’s right. And it is especially dangerous for children.


We are already beginning to see the consequences for our children of the uninhibited, rapid, and expansive growth of AI. One clear example is the proliferation of deepfake nudes— AI-generated images that depict real people in sexually explicit scenarios. Too often, these “real people” are children. A recent survey revealed that 1 in 8 teens report knowing a peer who has been the target of deepfake nudes. The American Academy of Pediatrics warns that these child victims can experience emotional distress, bullying, and harassment, leading to self-harm and suicidal ideation.

AI is also being used to create pornographic images of real children to share in pedophilic forums or exploit children in “sextortion” schemes. In 2024, the national CyberTipline received more than 20.5 million reports of online child exploitation, representing 29.2 million separate incidents. Each of these incidents involves images that can be shared over and over. The initial harm can be devastating, and the continued trauma unbearable.

Chatbots present another alarming threat. From a 9-year-old child exposed to “hypersexualized content” to a 17-year-old encouraged to consider killing his parents, these AI-powered companions are emotionally entangling children at the expense of their mental health and safety. The American Psychological Association (APA) has expressed “grave concerns” about these unregulated technologies. The APA cites the case of a fourteen-year-old Florida boy who had developed an “emotionally and sexually abusive relationship” with an AI chatbot. In February 2024, he shot himself following a conversation in which the bot pleaded with him to “come home to me as soon as possible.” The current lack of safeguards around AI has life-and-death consequences.

Despite widespread concern about the risks of AI, there is still no comprehensive federal framework governing it. While the technology evolves at breakneck speed, federal policymakers are moving at a glacial pace. That is why much of the work to protect children has been done by state legislatures. Many states—both red and blue—have stepped up. California and Utah have passed laws to limit algorithmic abuse, require transparency, and provide innovative legal tools to protect children online. This year, states as diverse as Montana, Massachusetts, Maine, and Arizona have introduced, and in some cases already enacted, provisions to protect children from AI-related harms. These are not fringe efforts. They are practical, bipartisan attempts to regulate an industry that has demonstrated, time and again, that it will not effectively police itself.

Despite these bipartisan state efforts, Congress appears poised to halt and undo all progress aimed at keeping children safe. On June 5, Senate Republicans, recognizing that the original ban likely wouldn’t survive Senate rules, got creative. Instead of an outright moratorium, their version ties access to critical broadband funding to a state's willingness to halt any regulation of AI. That means states trying to shield children from AI-driven harm could lose out on the infrastructure dollars needed to connect underserved communities, like low-income and rural communities, to high-speed internet. It’s a cynical use of power: forcing states to choose between protecting children and connecting their most vulnerable communities to a vital resource.

Congress must abandon its pursuit of pleasing tech companies at the cost of child safety. At a minimum, Congress should strike this harmful, deeply flawed provision from the reconciliation bill. Children’s lives depend on it. If Congress wishes to play a constructive role, it should work toward setting a federal floor of protection while preserving states’ authority to go further. Very often, the best solutions to national problems come from experimentation and innovation within states. This is especially likely to be true in the complex and often confounding realm of emerging and rapidly developing technology. Allowing states—the “laboratories of democracy”—to take bold action to address the concerns of parents, children, and their communities may be the most efficient and effective way to make progress. We need Congress to work alongside and learn from state lawmakers in this endeavor, rather than standing in their way.

Jessica K. Heldman is a Fellmeth-Peterson associate professor in child rights and Melanie Delgado is a senior staff attorney at the Children’s Advocacy Institute at the University of San Diego School of Law.


Read More

America’s Data Crisis: Restoring Trust in the Facts That Unite Us
a close up of a window with a building in the background

America’s Data Crisis: Restoring Trust in the Facts That Unite Us

At a moment when Americans can’t even agree on the basic facts that mold our public life, the nation faces a deeper crisis than polarization alone. We are living through a collapse of shared reality. When people lose confidence in the numbers, surveys, and official information that once anchored civic debate, democracy itself begins to drift. Trustworthy government data isn’t a technical issue — it is core infrastructure that holds a self‑governing society together. And right now, that infrastructure is under strain.

The public has lost trust in government information on many levels and across the political spectrum. To restore that trust, we need to address the challenges facing government data — including low survey response rates, data protection concerns, and outdated or flawed statistical methods.

Keep ReadingShow less
Keeping Kids Safe Online?: Understanding the Debate Over AI Age Verification
boy in gray shirt using black laptop computer
Photo by Thomas Park on Unsplash

Keeping Kids Safe Online?: Understanding the Debate Over AI Age Verification

This nonpartisan policy brief, written by an ACE fellow, is republished by The Fulcrum as part of our partnership with the Alliance for Civic Engagement and our NextGen initiative — elevating student voices, strengthening civic education, and helping readers better understand democracy and public policy.

Key Takeaways

Keep ReadingShow less
Global leaders sitting around a circular table at the G7 Summit on June 18, 2026.

G7 leaders, G7 outreach partners and global tech CEOs attend a working lunch on innovation and AI at the G7 Summit on June 17, 2026 in Evian-les-Bains, France.

Anna Moneymaker / Getty Images

At G7 Meeting, AI Titans Showed Themselves to Be the World’s New “Power Elite”

Seventy years ago, in 1956, the sociologist C. Wright Mills published a startling exposé of the hidden forces controlling the government in the United States. What Mills labeled “the power elite” occupied leading roles in corporations, the military, and political institutions.

Mills’ book was designed to explore the shadowy world in which the power elite operated and to expose the enormous behind-the-scenes influence of a group whose decisions had great consequences for “the underlying populations of the world.” At the time it appeared, commentators credited Mills with “developing a theory of where the decisive power lies in American society, how it got there, and how it is exercised.”

Keep ReadingShow less
The U.S. Pentagon.

Buried in the 2027 NDAA, Section 224 could fundamentally reshape U.S.-Israel defense ties. Is Congress creating an irreversible military partnership?

Getty Images, Westend61

America Should Stay Single

As we wait to see what comes of ceasefire negotiations between the United States and Iran, the House just released its 2027 National Defense Authorization Act (NDAA). Buried within it lies Section 224, titled the “United States-Israel Defense Technology Cooperation Initiative,” a provision representing what would be a radical departure from how we work with even our strongest allies, turning America’s relationship with a close collaborator into a permanent military-industrial integration. The U.S. has worked with NATO partners on co-production and shared supply chains in the past, but never like this. Many are calling it a merger. We should all be calling it off.

Section 224 could inextricably link the fate of our country’s defense to another’s. The Secretary of Defense would be directed to designate an executive agent to fuse ventures with Israel so significantly that it would touch almost every area of defense tech: AI, autonomous systems, energy, cyber, biotech, and beyond. It also proposes “network” and “data fusion,” which means, as the director of the Democratizing Foreign Policy program at the Quincy Institute warned, “the U.S. military’s data could soon be the Israeli military’s data.America First may soon sound more like a sarcastic punchline than a platform.

Keep ReadingShow less