Compliance Stuff

Building on Section 8 of the December 2025 Executive Order, [1]  the Trump administration’s “National Policy Framework for Artificial Intelligence,” (the “Framework”) released on March 20, 2026, provides a formal legislative blueprint for advancing the administration’s goal of a uniform, national policy for AI across the United States. [2]  While the Executive Order provided only the outline of a national legislative scheme, the current Framework provides greater specificity regarding the statutory goals of an AI bill. Yet an omnibus statute incorporating provisions meant to achieve all these goals will likely face a gauntlet of constitutional challenges. This article explores a series of questions to assess the viability of several of these goals. While this discussion addresses only a subset of the potential friction points, they are where the rubber hits the road for any legislation seeking to achieve the Framework’s goals. Question 1: Can Congress preempt AI “development” ...

  On August 9, 2024, Illinois Governor JB Pritzker signed into law   HB3773 , a bill amending the Illinois Human Rights Act to address employers’ use of artificial intelligence (AI).  The amendment clarifies that it is a civil rights violation to use AI that has the effect of discriminating on the basis of protected classes under Illinois law, or to “use zip codes as a proxy for protected classes. ”  775 ILCS 5/2-101(L)(1).  In doing so, Illinois becomes one of the first states to expressly ban the use of zip codes as a proxy. In addition, the amendment also requires employees to “provide notice” to employees when they use AI for purposes of “recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure, or the terms privileges, or conditions of employment. ”   Id.  5/2-101(L)(2).  Forthcoming regulations should define the contours of this obligation, as the amendment empowers t...