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Trump order looms as Virginia legislators consider regulation of artificial intelligence

In this Dec. 20, 2018 photo computers at Chemical Abstracts Service store data.
Julie Carr Smyth
/
AP
In this Dec. 20, 2018 photo computers at Chemical Abstracts Service store data.

Legislators in Richmond are looking to put some limits on the growth of artificial intelligence, but an executive order from President Donald Trump is holding them back.

Artificial intelligence, or AI, can be used for just about anything. And there have been several efforts during the 2026 Virginia legislative session looking to wrangle its use. But for one bill aiming to impact its use in political ads, it may already be too late

That’s an ad created and paid for by the 5th Congressional District of Virginia Republican Committee.

Jeff Ryer is the chairman of the Republican Party of Virginia. He said the use of AI in campaign ads is cheap, fast and can still convey a message his party wants to get out.

“I don’t necessarily find anything objectionable about the ad; in fact, I think it’s pretty good." Ryer told Radio IQ. "It’s not like they’re putting words in other people’s mouths or somehing like that.”

But according to Fairfax Senator Sadam Salim, who’s carrying a bill that would require disclosure of the use of AI in a political ad, it’s a matter of making sure the public knows what’s real or not.

“We’re not saying it’s going to stop all of it," Salim said in an interview Thursday. "We’re simply saying you as the viewer, or the voter, or whoever, you have the right to know there’s a disclaimer that indicates this is not real.”

Salim’s effort also did something few controversial bills do: get bipartisan support. Among allies in the effort is Southside Republican Senator Bill Stanley.

“Artificial intelligence, right now, is taking my likeness and someone else’s likeness and manipulating it to a message that either we like or we don’t like. People should know the difference," Stanley said. "And it's getting so good now, it’s going to come a time where you can’t tell the difference and if we can’t be honest with the voter then why are we doing this?”

But any AI legislation being considered this year may run into another hurdle: President Donald Trump. In an executive order signed in December, Trump said state level regulation would lead to a patchwork of laws that would stifle innovation.

The order came with a threat: if a state passes AI regulation, they may lose Broadband Equity Access and Deployment, or BEAD, funding, which was appropriated by Congress to expand broadband internet.

It’s a warning Chesapeake Democratic Delegate and chair of the House Communications, Technology and Innovation committee Cliff Hayes is taking to heart.

“I know we still have $300 million out there on the hook, and we need to think carefully about what we’re doing,” Hayes warned in an interview with Radio IQ.

The delegate said assessing the risk each AI bill could have on BEAD funding was a collaborative effort; even Governor Abigail Spanberger’s office was involved. And the concern was so prevalent, one of Hayes’ own bills, an effort to limit the use of AI bots to buy and exploit concert tickets sales, had to be killed.

“That didn’t make the cut because you feared the Trump admin would consider that an encroachment," asked Radio IQ's Brad Kutner. "My own bill, among the collaborative group, was flagged," Hayes said after a heavy breath. "So, I struck the bill; I asked that the bill be stricken.”

Among AI bills that are still alive, at least for now, is an effort from Stafford Republican Senator Tara Durrant that puts limits on AI chatbots used by kids.

Durant couldn’t make herself available for an interview for this story, but she said during testimony the bill was inspired by the death of a teenager who confided in a chatbot.

And Senator Bill Stanley, who voted in favor of Durant’s effort, said he wasn’t worried about funding cuts from Trump.

“We don’t have to follow what Washington does all the time. This is the Commonwealth of Virginia," Stanley said. "We make our own decisions for our children. Leave them to deal with the federal stuff, we got it.”

Meanwhile, Democratic Senator Stella Pekarsky, who had one of her own AI bills killed, doesn’t think Trump is up to the task of regulating while states wait.

“I don’t trust the Trump administration to do most things so most definitely not AI or large corporations,” the Fairfax Senator said.

The future for all AI legislation in Richmond will be decided in the coming weeks. Whether or not Trump’s threats will influence their final success remains to be seen.

Brad Kutner is Radio IQ's reporter in Richmond.