A proposed federal framework on artificial intelligence marks a significant shift in Washington’s approach to AI policy, forcing technology companies to acknowledge that federal preemption from state laws cannot come without enforceable safeguards.
According to Mike Davis of the Article III Project, the current effort rejects the idea of total AI amnesty. He said earlier pushes by technology leaders sought blanket federal preemption with no rules of the road—an approach he said would have left states powerless and the public unprotected.
“At the beginning, the goal was total amnesty—no federal regulation, no accountability,” Davis said on a recent appearance on the War Room podcast with Steve Bannon. “That would have been disastrous.”
Davis said sustained opposition from the Article III Project and War Room policy teams helped stop previous attempts to insert AI amnesty language into major legislation, including a sweeping budget bill and later the National Defense Authorization Act. Those efforts, he said, collapsed after lawmakers and governors raised concerns about unchecked AI acceleration.
As negotiations continue, Davis said tech companies now concede that any federal framework must address the “four Cs”: children, conservatives, communities, and creators. He described that concession as a major turning point.
“The four Cs are now the political frame,” Davis said. “If they want federal preemption, they have to deal with those issues.”
Davis warned that without clear federal standards, AI platforms could expose children to explicit content, undermine creative ownership, and enable censorship or political bias, while states would be barred from responding. He compared the moment to the passage of Section 230 protections two decades ago, which he said helped create unaccountable tech monopolies.
While acknowledging tech industry concerns about inconsistent state laws—such as statutes that may mandate algorithmic bias—Davis said uniform national rules must still include guardrails. Governors, he said, will not back down without them.
Davis said negotiations are ongoing with President Trump’s AI team, including David Sacks, and that draft legislative proposals are already circulating.
“If the four Cs aren’t addressed,” Davis said, “there is no path to federal preemption. We’ll stop it again.”