The Future of AI Is in the States: The Case of Autonomous Vehicle Policies

The myriad applications of artificial intelligence (AI) by the private and public sectors have exploded in the public consciousness in the postpandemic period. However, researchers and businesses have been working on AI technology applications for decades, and in many ways, governments are rushing to catch up. This article presents an argument that the future of AI policy in the United States will be driven in large part by current and future state-level policy experiments. This argument is presented by drawing on scholarship surrounding federalism, regulatory fragmentation, and the effects of fragmentation on business and social equity. The article then presents the case of autonomous vehicle policy in the states to illustrate the degree of current fragmentation and considers the effects of layering new AI policies on top of existing rules surrounding privacy, licensing, and more. Following this consideration of existing research and its application of AI policy, the article presents a research agenda for leveraging state differences to study the effects of AI policy and develop a cohesive framework for governing AI.