Trump plans to repeal Biden order, limit AI regulation
Donald Trump might want less regulation, but he has close ties to tech entrepreneur Elon Musk, who has supported AI regulation, including California's AI safety bill.
President-elect Donald Trump's plans for artificial intelligence likely start with repealing President Joe Biden's executive order on AI followed by limiting government regulation of the technology.
Trump's economic platform stated that Biden's order "hinders AI innovation." The EO issued in October 2023 stipulated safety test requirements for large AI system developers and mandated development of AI safety standards for federal agencies.
Gartner analyst Avivah Litan said it's unclear what Trump might do with AI. However, he's surrounded by tech entrepreneurs such as Elon Musk, who could influence the administration's technology direction. Trump's own plans for tech policy lean toward a more hands-off government approach, as he's stated on his economic platform his desire to move away from regulations. On AI, Trump's economic plan stated that "Republicans support AI development rooted in free speech and human flourishing."
"Trump is completely unpredictable," Litan said.
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.
This is a tough call and will make some people upset, but, all things considered, I think California should probably pass the SB 1047 AI safety bill.
For over 20 years, I have been an advocate for AI regulation, just as we regulate any product/technology that is a potential risk…
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.
Trump is completely unpredictable.
Avivah LitanAnalyst, Gartner
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.
