The order prevents states from regulating AI.

HARRISBURG, Pa. — Pennsylvania Attorney General Dave Sunday says he would defend state laws regulating artificial intelligence if they are challenged under an executive order from President Donald Trump that limits states’ ability to regulate AI.

Sunday spoke with reporters after joining a bipartisan, multistate effort involving 42 attorneys general who sent a letter raising concerns about AI safeguards, particularly when it comes to protecting children.

“Obviously, we welcome any type of robust federal regulations with regard to AI and the technology surrounding it,” Sunday said. “However, very simply, when you have a technology that’s moving as fast as AI, it is absolutely crucial that we do everything we can to make sure safeguards are in place to protect children and other vulnerable populations.” 

The Trump administration’s executive order limits state-level AI regulation, but Sunday said his role as attorney general is clear.

“I have the role of defending legislation that’s passed here in Pennsylvania,” Sunday said. “And so, if we pass a law and it makes it the whole way through, and the governor signs it, there’s a presumption of constitutionality. And if that happens and there’s a lawsuit, then obviously we would defend Pennsylvania statutes that have been passed.”

When asked whether local prosecutors should continue enforcing Pennsylvania AI-related laws if an executive order comes, including those addressing deepfakes and AI-generated child sexual abuse material, Sunday was unequivocal.

“Yes, absolutely,” he said 

Sunday said the executive order itself leaves many unanswered questions.

“The executive order is kind of vague, and we’re going to have to kind of sit back and watch and wait and see what that actually turns into,” he said 

While acknowledging concerns about a patchwork of state laws, Sunday emphasized that state protections should not be preempted, especially when children are involved.

“Obviously, we disagree with preempting state regulations, and we disagree with it through the lens, very simply, of protecting children,” Sunday said. “And I can’t imagine anyone would oppose that.” 

Sunday says that he and other attorneys general have been in discussions with AI companies in an attempt to convince them to embrace regulation that would make their products safer to use.

“My experience has been that most of these companies want to do the right thing,” Sunday said. “It’s a bad business model to put a product out that harms people.”