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Spurred to action by tech industry lobbyists and insiders, Republicans in the Senate appear to be planning to add language to the National Defense Authorization Act (NDAA) that would preempt states from passing laws regulating AI labs. Two sources with knowledge tell Fast Company that a small group of GOP lawmakers, staffers, and tech lobbyists worked through the weekend crafting the new language. Heading into Thanksgiving, much uncertainty hangs over the fate of the state-level moratorium – and a fair amount of secrecy about how the AI industry and its MAGA allies will try to tie the hands of states, and Congress, to regulate AI. Democrats and others may not be allowed to see the new language until the vote to pass or reject the NDAA, a so-called must-pass bill that funds the military. Senate Democrats also have no visibility on the scope of the moratorium language that will go in the NDAA. Could it, for example, prevent states from passing any and all kinds of AI laws, including those that focus on consumer protection issues or AI-related unemployment? What big tech is trying to do here is an even larger giveaway than Section 230, says Future of Life Institutes head of U.S. policy Michael Kleinman. (Section 230 of the Communications Decency Act of 1996 exempted tech platforms from liability for user-generated content.) You literally have big tech lobbyists meeting with a handful of senior Republicans trying over the course of a holiday weekend to craft legislation that will govern what state governments can do around AI for the futureits appalling. Not long after Louisiana Republican Steve Scalise, the House Majority Leader, introduced the preemption measure last week, Massachusetts Democratic Senators Elizabeth Warren and Ed Markey quickly penned and sent a letter to their colleagues urging them to oppose adding the state moratorium — which they describe as a “poison pill — to the NDAA, which will need 60 GOP votes to end a Democratic filibuster and advance to a final vote. Attorneys General representing 36 states sent a letter to Congressional leadership opposing the state moratorium language. Congress is not in session because of the Thanksgiving holiday. But Republicans plan to make another push to convince lawmakers to add the state preemption to the NDAA when they return December 1, sources say. Last week, the White House proposed a route that bypasses Congress, circulating a draft executive order (EO) that proposes pulling back congressionally approved broadband funding from any state enacting new AI laws. The EO also proposed creating a new Department of Justice task force to challenge existing state AI laws. The White House had reportedly planned to release the EO last Friday, but chose to delay it. Many of the people who would benefit from a state AI moratorium were present at a November 18 White House state dinner hosted by President Donald Trump for Saudi Crown Prince Mohammed bin Salman. These include Elon Musk, Jeff Bezos, Nvidia CEO Jensen Huang, OpenAIs Greg Brockman, AMD CEO Lisa Su, and Apple CEO Tim Cook. David Sacks, Trumps AI and crypto czar and venture capitalist, was also among the attendees. Given the import of stifling AI regulation whenever and wherever possible, its very likely that the state AI law moratorium was discussed while these people were in Washington for the event, one Washington source said. Texas Republican Senator Ted Cruz tried last summer to tuck the preemption into the so-called One Big Beautiful Bill Act (an appropriations measure) last summer, but senators voted 99-1 to remove it. The moratorium idea is unpopular with the public, survey data shows, and unpopular across the political spectrum in Washington DC. Despite broad opposition, tech industry insiders such as Marc Andreessen, Elon Musk, and Sacks have Trumps ear, and have helped keep the state preemption idea alive in the Capitol. Big techs big opportunity In a broad sense, the chance to keep government oversight away from what could be the most impactful technology in a generation may explain why tech moguls and opinion leaders threw their support behind Donald Trump before the 2024 election and have continued to praise and appease him. While the Trump administration rewards his tech industry allies by killing government inquiries and regulation, big U.S. tech companies and financiers are now sinking trillions into building the infrastructure needed to support a massive expansion of generative AI. The AI industry has been ramping up its lobbying spend over the past two years to stifle AI regulation at both the federal and state levels. Its also expanding into electoral politics. This summer a group of AI companies and investors launched a super PAC worth $100 million called Leading the Future that will push pro-AI candidates and oppose pro-AI regulation candidates. Backers include a16z, OpenAI President Greg Brockman, Palantir co-founder Joe Lonsdale, Perplexity AI, and angel investor Ron Conway. On a legal level, some in the tech industry, including the venture capital firm Andreessen Horowitz, argue that state laws should focus on the application, not the development, of AIsuch as to prevent or punish things like fraud or civil rights violationswhile federal law should govern the national AI market. AI companies also fear being burdened by a patchwork of state AI regulations instead of a single set of federal rules. Tom Kemp, who directs the California Privacy Protection Agency, explains that in many tech policy issues theres a debate over the boundary between issues covered by federal law and issues covered by state law. But Congress hasnt come close to passing a broad AI safety and transparency law, and isnt likely to. The fundamental issue they have is that there’s no federal backstop, Kemp says. So the moratorium basically says you just can’t do any laws having to do with AI. Innovation versus states rights Many state governors, including Florida Republican Ron DeSantis, and legislators, claim they have not just a right but a responsibility to enact AI laws to protect the public in the absence of a federal law. State lawmakers are very aware of the series of reports about AI chatbots exacerbating mental health problems in users, including younger ones. There’s a big concern that state legislators cannot protect kids from some of the harms of AI, Kemp says. On Monday, a bipartisan group of 280 state lawmakers from across the country sent a letter to lawmakers in the House and Senate opposing the state AI law preemption, saying it would hamstring their efforts to address the impacts of artificial intelligence. The tech lobby and its Republican allies frame the moratorium as critical to helping the U.S. maintain its lead in AI — technology that will be increasingly used in defense and national security. But even the top players in defense dont seem convinced. You need the four corners of the armed forces committees to be all approved, says Kemp, who met with lawmakers last week in Washington to discuss the issue. In other words, the majority and minority leaders of both the House and Senate Armed Services Committees have to agree to insert state AI preemption language into the NDAA. Kemp believes that Alabama Republican Rep. Mike Rogers, the chairman of the House Committee on Armed Services, and Washington Democratic Rep. Adam Smith, the committees ranking member, are opposed, as is Senate Committee on Armed Services ranking member Jack Reed. Mississippi Republican Senator Roger Wicker, the chairman of the committee, has yet to announce his position. Its possible that new language in the NDAA will go beyond a state-level pre-emption, and promote some form of broad, but weak, federal AI law that limits oversight by both federal and state regulators. On Monday the Leading the Future PAC launched a $10 million campaign to push Congress to craft a national AI policy that would override a patchwork of state laws, reports CNBC. What we’re seeing, not just with preemption, but with these big tech super PACs is that big tech will go to any effort to undermine that overwhelming small-D democratic will, Kleinman says. All the polling that we have done and that others have done shows that consistently across the board strong majorities of both parties support AI regulation.
Category:
E-Commerce
Tests of ByHeart infant formula tied to a botulism outbreak that has sickened dozens of babies showed that all of the company’s products may have been contaminated. Laboratory tests of 36 samples of formula from three different lots showed that five samples contained the type of bacteria that can lead to the rare and potentially deadly illness, the company said Monday on its website. Based on these results, we cannot rule out the risk that all ByHeart formula across all product lots may have been contaminated, the company wrote. At least 31 babies in 15 states who consumed ByHeart formula have been sickened in the outbreak that began in August, according to federal and state health officials. In addition, other infants who drank ByHeart formula were treated for botulism in earlier months, as far back as November 2024, although they are not counted in the outbreak, officials said. Clostridium botulinum type A, the type of bacteria detected, can be unevenly distributed in powdered formula. Not all babies who ingest it will become ill, though all infants under age 1 are at risk, medical experts said. ByHeart recalled all of its formula nationwide on Nov. 11. However, some products have remained on store shelves despite the recall, according to state officials and the U.S. Food and Drug Administration. Parents and caregivers should stop feeding the formula to babies immediately and monitor the children for symptoms, which can take up to 30 days to appear. Infant botulism occurs when babies ingest spores that germinate in their intestine and produce a toxin. Symptoms include constipation, difficulty sucking or feeding, drooping eyelids, flat facial expression, and weakness in the arms, legs, and head. The illness is a medical emergency and requires immediate treatment. At least 107 babies nationwide have been treated for botulism with an IV medication known as BabyBIG since Aug. 1, health officials said. In a typical year, less than 200 infants are treated for the illness. To report an illness tied to the outbreak, contact an FDA consumer complaint coordinator or fill out an online MedWatch form. Consumers who bought ByHeart on the company’s website on or after Aug. 1 can receive a full refund, an expansion of its previous policy, the company said. ___ The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institutes Department of Science Education and the Robert Wood Johnson Foundation. The AP is solely responsible for all content. Jonel Aleccia, AP health writer
Category:
E-Commerce
If everything feels expensive this year, youre not alone. The high cost of living is on many Americans minds heading into the tail end of the year a period defined by ceaseless shopping, whether its for the Thanksgiving menu or a last minute gift for under the tree. Americans need to buy stuff (perhaps not so much stuff), but theyre also feeling the pinch of persistent inflation, chaotic tariffs and a frozen job market in 2025. How those forces will play out this holiday shopping season remains to be seen. According to a recent survey from consulting firm Deloitte, more people will be shopping this Black Friday through Cyber Monday, but they plan to spend less. Consumers said they plan to spend an average of $622 during the stretched out shopping holiday, down 4% from last year the first decline in five years. Unsurprisingly, shoppers who planned to cut their spending pointed to higher living costs and financial constraints in the decision. Some generational differences emerged. Gen X shoppers and boomers reported plans to reduce their spending during the shopping holiday, but Gen Z and millennial shoppers said they would stay the course and keep their spending levels the same this year. With the explosion of online shopping, lining up at the mall before sunrise for doorbuster sales might seem like a relic of the past, but 72% of Gen Z shoppers actually said they plan to shop in person this year. While most shoppers are showing restraint this season, the spending power of Gen Z is growingthey are responsible for about $20 of every $100 holiday dollar spent, compared to just $4 five years ago, Deloitte Retail Strategy Leader Brian McCarthy said. And we expect they are headed back to the stores on Black Friday to take part in the excitement of the day. People from both higher and lower-income households said they planned to cut back on spending this year, but those in the range between $100,000 and $200,000 actually reported plans to spend 5% more this year. The National Retail Federation estimates that a record 186.9 million people plan to shop between Thanksgiving and Cyber Monday (the Monday following Black Friday) this year. That projection is up by 3 million shoppers compared to 2024. During that period, Black Friday is expected to reign supreme among deal-seekers, drawing an estimated 130.4 million people to shop the day after Thanksgiving. Saturday and Sunday arent full-blown shopping holidays of their own, but Cyber Monday a relatively recent invention will likely continue to gain ground, luring around half as many shoppers as Black Friday itself. Pushing back on Black Friday To draw attention to the cost of living crisis, a coalition of organizations is calling for shoppers to sit out this Black Friday. A grassroots movement known as the Mass Blackout, is urging Americans to boycott online and in-store shopping, including digital purchases, for one week, starting on Tuesday, November 25. While the Mass Blackout website calls out the Trump administrations coziness with corporations, its not explicitly a Democratic effort. Big business is funding authoritarian candidates while walking back public commitments to civil rights, labor protections, diversity, and democracy, the website states. This isn’t about left vs. right. This is about people vs. power. While the coalition wants Americans to spend less this holiday season, it still encourages participants to give their money to small businesses and local shops. Another major boycott is looking to hit the biggest names in retail where it hurts this holiday season. The We Aint Buying It movement, tied to progressive groups like Indivisible and the No Kings protests, is similarly calling for a shopping blackout over Thanksgiving weekend, specifically targeting Amazon, Target and Home Depot over their deference to the Trump administration and their reversal of DEI policies. Well send a clear message: until they cease collaborating with this administrations harmful policies, our dollars will go elsewhere, the campaigns website states.
Category:
E-Commerce
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