A pair of Michigan House legislators have shared a bipartisan letter with the Michigan Congressional Delegation, urging the federal government not to jeopardize proposed state-level protections for Michigan residents regarding artificial intelligence.

AI experts and lawyers have expressed concerns with a federal budget reconciliation bill that imposed a 10-year moratorium on state and local regulation of AI. While the moratorium has since been removed, discussions surrounding the language and potentially adding it back into the bill continue to take place.

“Simply put, any language which seeks to preempt states from passing or enforcing laws surrounding artificial intelligence is extremely concerning, especially when you consider what some of these laws on the books or current legislative efforts seek to protect,” said state Rep. Matthew Bierlein (R-Vassar). “We are seeking further clarity on this issue from Michigan’s Congressional delegation. We have a duty to protect residents, families and children, and the technological world we live in presents a host of challenges to safety and privacy. I am deeply concerned that a lack of clear parameters will lead to serious consequences. We specifically oppose any provision that would undermine the work states like Michigan are doing to address AI.”

“We applaud the U.S. Senate for removing the 10 year moratorium on any state or local laws regulating artificial intelligence, but want to express our utmost concern at the prospect of Congress adopting such a law,” said Penelope Tsernoglou (D-East Lansing). “Legislatures in all 50 states have already taken action against some of the more dangerous aspects of AI, but as the capabilities of the technology continues to grow exponentially, the ability of local and statewide policymakers to respond to emerging issues remains as essential as ever”.

At the state level, Bierlein and Tsernoglou have sponsored legislation that creates criminal penalties and allows for civil action for the nonconsensual creation and dissemination of “deepfake” images or videos that are sensitive in nature or feature intimate parts of an individual.

Deepfakes are highly realistic, computer-generated images that can make it appear as though an individual is engaging in activities they never participated in, including sexual activities. Currently, there are no laws in place in Michigan that prevent individuals from sharing these types of deepfake images or videos, even if an individual hasn’t consented to the creation or sharing of it.

A coalition of children’s advocacy and civil society groups are also pushing Congress to oppose any sort of AI moratorium from being included in the tax and budget reconciliation bill. Bierlein and Tsernoglou’s bills both passed the House with 104-1 votes in April and are currently under consideration in the Senate.

“As state lawmakers, our communities continue to share what seems like a never-ending amount of horror stories that are the direct result of AI misuse or weaponization,” the letter from the state legislators reads. “As AI technologies continue to improve, even the companies responsible for such improvements are increasingly aware of the rise of online harms and the impacts of AI. In an increasingly fraught digital environment, young people are facing new threats online, seniors are targeted by the emergence of AI-generated scams, and workers and creators face new challenges in an AI-integrated economy. … We respectfully urge you to reject any provision that preempts any form of state and local AI legislation in this year’s reconciliation package and beyond, and to work toward the enactment, rather than the erasure, of thoughtful AI policy solutions.”