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AI Policy-Making Power Stays in the US

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Anne O'Leary, Vice President of Global Policy at OpenAI, recently stated clearly at a summit in Sacramento that the power to formulate artificial intelligence policy in the United States remains firmly in the hands of states, not the federal government. She noted that the landmark legislation passed by California last year has become a reference benchmark for AI regulation nationwide, with state legislatures currently reviewing thousands of related bills, and the overall framework of U.S. AI policy is gradually taking shape in state capitals.

O'Leary revealed that the vast majority of states have drawn on the California Artificial Intelligence Transparency Act, which was signed into law by Governor Gavin Newsom last year, when formulating their AI policies. She emphasized that a new round of policy discussions on the potential catastrophic risks of AI, children's online safety, and data center construction has already begun, and she believes California is fully capable of continuing to lead in these areas.

These remarks were made during a panel discussion at the 'California Agenda: Sacramento Summit' organized by a media magazine. Also participating in the discussion alongside O'Leary were California State Senator Steve Padilla and Bruce Reed, the head of AI at Common Sense Media, a nonprofit organization focused on children's online safety, who previously served on the White House team of the Biden administration.

During the discussion, Reed stated that California has been at the forefront of technology regulation for over a decade, while Washington, D.C., at the federal level, has not passed any major technology legislation for decades and can no longer keep pace with the rapid iteration of technology. He pointed out: 'A technology updates every thirty days; it is impossible to rely on laws that are revised only once every thirty years to regulate and control it.' Therefore, state governments such as California must take the initiative to advance regulation.

Padilla has previously promoted legislation related to chatbot safety protections and continues to deepen this work this year. He believes that the transformative impact of artificial intelligence has surpassed major historical technological changes such as the Industrial Revolution. Due to the ineffective operation of the federal system and the prolonged failure to issue unified and coordinated control measures, state legislators increasingly feel a sense of urgency, and California is determined to take proactive regulatory action.

This discussion reflects the shift in the power structure of U.S. AI regulation: when federal legislation is at an impasse, state governments are becoming the actual policy makers. California's actions not only affect the state itself but may also, like many previous technology bills, become a template for other states to follow, thereby shaping the direction of AI governance nationwide.

Industry observers believe that as the legislative race among states in areas such as AI transparency, safety, and child protection accelerates, the United States may form a fragmented regulatory landscape in the future. However, O'Leary stated that coordination and mutual learning among states are still ongoing, and California's role as a pioneer will continue to provide valuable experience for the country.