Attorney General Bonta to Congress: California Must Retain its Ability to Protect Californians, Respond to Emerging AI Technology

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 40 attorneys general in sending a letter to Congressional leaders opposing a proposed 10-year ban on states enforcing any state law or regulation addressing artificial intelligence (AI) and automated decision-making systems. The ban was included in the House Energy and Commerce Committee’s changes to the budget reconciliation bill. In the letter, the attorneys general note that the ban, particularly when combined with the lack of any movement toward a federal regulatory framework, would leave this fast-moving area of law and technology completely void of regulation — wiping away any state-level frameworks already in place and effectively depriving consumers of reasonable protections.

“As the fourth largest economy in the world — built in large part on technological innovation and a commitment to protecting our residents — California knows that consumer protections and innovation go hand in hand. Allowing states to be responsive to AI and adopt new protections while still nurturing innovation serves both industry and consumers,” said Attorney General Bonta. “I strongly oppose any effort to block states from developing and enforcing common-sense regulation; states must be able to protect their residents by responding to emerging and evolving AI technology.”

BACKGROUND 

AI systems affect nearly all aspects of everyday life. Businesses use AI systems to evaluate consumers’ credit risk and guide loan decisions, screen tenants for rentals, and target consumers with ads and offers. AI systems are used in the workplace to guide employment decisions, in educational settings to provide new learning systems, and are widespread in health care settings where they’re used to guide medical diagnosis and treatment, healthcare provider operations, and insurance coverage decisions.  

The promise of AI raises exciting and important possibilities. But, like any emerging technology, there are risks to adoption without responsible, appropriate, and thoughtful oversight. AI systems are novel and complex, and their inner workings are often not understood even by developers and entities that use AI, resulting in situations where AI tools have generated false information or biased and discriminatory results. 

In the absence of federal action to install this oversight, states have considered and passed legislation to protect their residents and address a wide range of harms associated with AI and automated decision-making. 

In California, this includes laws to prohibit deep-fakes designed to mislead voters and consumers, require basic disclosures when consumers are interacting with specific kinds of AI, and ensure that doctors supervise AI tools used to make decisions about healthcare services and insurance claims. In January, Attorney General Bonta issued two legal advisories reminding consumers of their rights and advising businesses and healthcare entities who develop, sell, or use AI about their obligations under California law. Although AI technology is developing rapidly, entities must comply with existing California laws, as well as new laws that went into effect on January 1, 2025. 

In sending today’s letter, Attorney General Bonta joins the attorneys general of Colorado, Tennessee, New Hampshire, Vermont, American Samoa, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, U.S. Virgin Islands, Virginia, Washington, and Wisconsin. 

A copy of the letter can be found here.