AI Trends For 2026 - How States Will Shape AI Enforcement
As federal momentum toward a comprehensive U.S. AI law remains stalled, state regulators are stepping decisively into the gap. H eading into 2026, state attorneys general are likely to play an increasingly central role in shaping AI governance, not by waiting for new statutes, but by actively enforcing existing consumer privacy and AI-related laws. Two trends stand out: the use of profiling restrictions as a de facto AI enforcement mechanism and the continued expansion of a state-by-state AI regulatory patchwork. Modern state privacy laws already provide regulators with a powerful hook. Many include limits on “profiling,” often defined as automated decision making and sometimes limited to solely automated processes, particularly where those activities produce legal or similarly significant effects on individuals. In practice, these provisions give state attorneys general a ready-made framework to scrutinize high-risk AI systems. Enforcement actions are likely to first focus on famili...