Trump plans to repeal Biden order, limit AI regulation

What Trump's AI policy could look like

Mark Malven, co-leader of law firm Dykema's AI and innovation group, noted that the shift in how the different administrations handle AI will have a significant effect. While Biden prioritized AI safety and risk management, Trump will likely prioritize AI innovation, he said.

"It's definitely going to be a context shift," Malven said. "The Trump administration is going to be much more hands-off, for sure." 

Still, Musk's ties to Trump might mean AI safety regulation talks won't be completely off the table, Malven said. Musk supported California's SB 1047, an AI safety bill that sought to implement testing requirements for large AI systems developers.

"For over 20 years, I have been an advocate for AI regulation, just as we regulate any product/technology that is a potential risk to the public," Musk wrote in a post on X, formerly Twitter, in August 2024.

Malven said he believes the Trump administration will at least consider AI regulation, especially as concerns grow about the patchwork of state AI laws. However, the path to addressing those concerns through the Trump administration remains unclear, he said, adding that Trump could push for "regulating in a favorable way," meaning passing a federal rule that preempts more stringent state laws.   

Darrell West, a senior fellow at the Brookings Institution, a public policy organization in Washington, said he believes there will be less public oversight of AI algorithms under a Trump administration.

"Coming from a business background, Trump is likely to favor less regulation," West said.

It's also unlikely Congress will pass an AI regulation bill, West said. A divided Congress failed to pass an AI bill during the Biden administration. With votes still being counted in House races, it's unclear whether Republicans will control both chambers, making it difficult to predict how any new AI regulation bill will fare.

Malven said Trump could sign an executive order on AI. During Trump's previous administration, he issued the "Maintaining American Leadership in Artificial Intelligence" executive order, which aimed to reduce barriers to accessing AI technologies, particularly for the federal government.

Protecting free speech, particularly on social media platforms, has also been a critical concern for Trump. Should the Trump administration push for legislation to stop social media platforms from censoring content, Malven said it would likely involve technologies such as AI. Trump also owns a social media company, Truth Social. 

"I think there's a good chance something will happen with that," Malven said.

Makenzie Holland is a senior news writer covering big tech and federal regulation. Prior to joining TechTarget Editorial, she was a general assignment reporter for the Wilmington StarNews and a crime and education reporter at the Wabash Plain Dealer.