Photo Credit: Ian Hutchinson
A decisive 99-1 Senate vote early Tuesday stripped a controversial federal moratorium on state-level artificial intelligence (AI) regulation from the sweeping budget reconciliation bill.
The amendment, co-sponsored by Senators Marsha Blackburn (R-TN), Maria Cantwell (D-WA), and Edward Markey (D-MA) was adopted after weeks of bipartisan pushback against a provision that would have barred states from enforcing or enacting their own AI regulations for a decade.
The original moratorium, championed by Senate Commerce Chair Ted Cruz (R-TX), was designed to prevent a patchwork of state rules that tech industry leaders argued could stifle innovation. However, critics from both parties, as well as a broad coalition of state officials and advocacy groups, countered that such a sweeping ban would leave consumers, artists, and creators vulnerable to unchecked AI abuses—particularly in the absence of comprehensive federal protections.
The provision also became more contentious as it was linked to federal broadband funding, with states facing a choice between accepting critical infrastructure dollars and maintaining their authority to regulate AI. The state of Tennessee was the first in the nation to pass the ELVIS Act—guaranteeing protection from deep fakes and AI impersonations.
For the music industry, this Senate action is highlight significant. The rapid proliferation of generative AI tools has raised urgent concerns about unauthorized use of artists’ voices, likenesses, and compositions. By rejecting the federal moratorium, the Senate has preserved the ability of states to continue innovating and enforcing protections tailored to the needs of creators, including musicians, composers, and rights holders.
Senator Blackburn, a vocal advocate for creators’ rights, emphasized the risk that the federal ban would allow Big Tech to exploit creators and until robust federal safeguards are in place, states must retain the power to act. Meanwhile, the Human Artistry Campaign, one of the advocacy groups fighting against the moratorium, released statement supporting the amendment.
“The Human Artistry Campaign is grateful to Senators Blackburn and Cantwell for their steadfast support and applauds the Senate’s resounding rejection of AI without guardrails. This dangerous and unwise proposal would have banned states from passing new legislation or enforcing existing laws, including to provide greater transparency about whose art was copied to create AI models and banning non-consensual deep fakes and voice clones. There is a better way forward with policies that recognize AI could be valuable tool aiding human creativity, but should never be used to destroy artistry and culture.”
