Scott Kosnoff Comments on Executive Order Preempting State AI Regulation With Indiana Lawyer

Insurance partner and co-leader of Faegre Drinker’s AI-X team Scott Kosnoff discussed a recent executive order preempting states from creating AI regulations in an article for the Indiana Lawyer. 

The executive order, aimed at restricting “excessive state regulation” and calling for a federal AI regulatory framework to compete with China, was originally in the “One Big Beautiful Bill” act, though the provision was defeated in the United States Senate. Kosnoff noted the executive order is the “latest chapter” in federal and state AI lawmaking, adding that he expects legal challenges to the order to ensue. 

The order comes after states like California and Colorado passed AI regulations of their own, Kosnoff said. He pointed to Florida, where the state has moved forward with its own “Artificial Intelligence Bill of Rights” to protect and guide the use of AI for individuals and companies, though he added that he doesn’t expect every state to adopt a comprehensive plan like Florida’s. 

“In the meantime, states feel compelled to fill the void that Congress is leaving,” Kosnoff said.