2026 Legislative Edition

Charting a Course Through AI’s Murky Waters By Randy Phares, Sr. Major Account Executive, Akamai

The United States does not yet have a single, comprehensive AI law. Instead, a patchwork of federal executive actions and plans (notably America’s AI Action Plan and related Executive Orders most recently the executive order signed by President Trump on December 11, 2025), the National Institute of Standards and Technology (NIST) AI Risk Management Framework, and sectoral statutes like the Gramm-Leach-Bliley Act (GLBA) and Artificial Intelligence (AI) at HHS from the Department of Health and Human Services collectively shape AI governance. At the U.S. state level, there was some momentum with the passing of Colorado’s AI Act (Senate Bill 24-205), which was designed to focus on consumer protection against “algorithmic

discrimination” from “high-risk” AI systems like housing, employment, and healthcare, and is expected to become law in mid- 2026. Importantly, there is no categorical restriction on the use of AI or machine learning for cybersecurity purposes. Instead, the focus is on ensuring that systems are trustworthy, secure, and do not introduce undue risk — principles that align with best practices in security operations. Now the new Trump order, titled "Eliminating State Law Obstruction of National AI Policy," seeks to establish a minimally burdensome national standard rather than 50 different state regulatory regimes. States would face significant limitations on their ability to regulate AI going forward. Tech policy researchers say the Trump

administration cannot restrict state regulation in this way without Congress passing a law, and legal challenges are expected. While the question of whether a federal authority can block state laws on artificial intelligence is a complex and evolving constitutional issue, Florida has an opportunity to be a national model for shaping state and influencing federal frameworks in AI security governance. Florida lawmakers already plan to sponsor a specific “AI Bill of Rights” to tackle issues like deepfakes, algorithmic bias, consumer protection, data privacy, and transparency with number of proposals:

Florida Technology Magazine – 2026 Legislative Edition – 13

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