Federal Barriers Ahead

Even setting aside the constitutional questions, Vermont’s law faces federal headwinds.

A White House executive order titled “Ensuring a National Policy Framework for Artificial Intelligence” directs federal agencies to challenge state laws that “obstruct innovation.” It creates an AI Litigation Task Force and signals that the FCC and FTC will issue policy statements to preempt state laws requiring what the order characterizes as “onerous” disclosures. Vermont’s S.23, with its specific font-size and duration requirements for disclaimers on digital media, is a potential target.