The Obstruction Doctrine: What Level of Governance Is Appropriate for AI?

examining the division of regulatory authority over artificial intelligence between federal and state governments. The piece argues that AI policy involves a mix of issues requiring national attention, state exclusive domain, or concurrent jurisdiction. It cautions against either full federal preemption or total state autonomy, proposing a nuanced allocation based on the nature of each AI risk or benefit.

The article acknowledges that some AI applications, such as deepfakes in elections, clearly need national standards to ensure consistency and avoid a patchwork of state laws. Others, like autonomous vehicle liability rules, may be better suited to state experimentation and local preferences.