Susana Schwartz
As a follow up to Monday’s news that the Trump administration doubled down on its December executive order with a national AI policy framework , I did a quick Q&A with Morgan Lewis Law‘s Dion Bregman, partner and co-leader of the firm’s Artificial Intelligence strategic initiative, about the potential impact:
RCR: How is this legislative framework, introduced on March 20, different than the EO issued in December?
DB: The EO was commanding the executive branch to use existing tools, whereas this framework is a sales pitch to Congress to pass federal legislation. In particular, the December EO directed agencies and departments such as DOJ, Commerce, the FCC, and the FTC to study, challenge, or otherwise address state AI laws using whatever authority they already have. By contrast, the March 20 framework is a policy blueprint to Congress. It does not itself change the law, but it asks Congress to enact a national AI framework, including some degree of federal preemption of state AI laws.
RCR: Is it that there’s a shift from executive-level “directives” to proposed permanent federal law?
DB: The March framework doesn’t create federal law, but reflects a shift from executive-level directives toward a request for Congress to enact a statutory framework. In that sense, December was operational, while March is aspirational and potentially more permanent if Congress acts. This also aligns with the administration’s desire to have federal law preempt any state AI laws.
RCR: Does it have any impact even though Congress hasn’t created any new laws?
DB: Only as policy and signaling to Congress, not legal authority. It maintains the administration’s position that state-by-state AI regulation is a problem and makes clear that federal preemption is now a central objective. It may influence corporate risk assessments, agency posture, and congressional negotiations, especially because Sen. Blackburn’s discussion draft shows what this framework could look like if reduced to actual legislative language.
RCR: Does it empower the FTC, FCC, DOJ and other entities to override the states, even without Congressional moves (as of yet)?
DB: Not by itself. The framework doesn’t automatically empower the agencies to override state law. Those agencies can act only to the extent existing law already permits. DOJ can bring litigation on available legal theories; the FCC can consider proceedings if it has a valid statutory basis; and the FTC can issue guidance or pursue unfair or deceptive practices under its existing authority. But the framework itself does not create a blanket federal override of state AI laws, and it does not give agencies new powers absent congressional action.
Susana Schwartz
Technology Editor
RCRTech
AI Infrastructure Top Stories
Dept. of War – Open RAN: Opinions on open RAN vary, but the Dept. of War wants an open-source CU/DU software stack for 5G and 6G RAN to keep the supply chain domestic. The Linux Foundation’s OCUDU establishes a reference architecture.
China Unicom increases AI focus: China Unicom will allocate 1/3 of its budget to AI, with 35% directed toward computing power. Its AI-related revenue increased 147% YoY, with computing power accounting for 15.4% of its service revenue.
Network slicing with AI: If enterprise AI systems and telecom networks are to dynamically trade network connectivity, then there must be a convergence of network slicing, intent-based networking, and AI for a fully automated marketplace.
AI Today: What You Need to Know
Senators propose DC moratorium: U.S. Senators Bernie Sanders and Alexandria Ocasio-Cortez introduced the AI Data Center Moratorium Act, seeking a nationwide pause on new construction to evaluate AI’s societal and environmental impacts.
Pennsylvania calls for DC pause: With 20 DCs – some of which are “hyperscale” – in the queue for PA, PennFuture has called for a statewide moratorium on data centers in Pennsylvania to better evaluate water and energy use.
Former IBM site could be a 99MW DC: A former IBM factory site in Scotland is being considered for data center and BESS development. Slate Island Developments is applying for the project, and a public comment period is opening.
Meta loses lawsuit, but it won’t feel the pain: The $375 million penalty Meta will pay New Mexico for child safety violations is less than 0.6% of its Q4 2025 revenue ($59.89B), even as its Capex reaches a projected $115 billion- $135 billion for 2026.
Meta AI-in-small business goal: Meta Small Business is a new initiative to support entrepreneurship and drive AI adoption. Zuckerberg touted superintelligence and said that in the AI era, “it should be easier than ever to build new businesses.”
Disney – OpenAI deal ends: In a surprise to Disney, OpenAI shuttered its Sora AI video app. As a result, Disney is exiting its OpenAI deal, for which it had pledged a $1 billion investment and a promise to license some of its characters for use in Sora.
Upcoming Events
AI Infrastructure Forum 2025This one-day virtual event will discuss the critical issues and challenges impacting the AI infrastructure ecosystem, examining the growth and evolution of the AI ecosystem as it scales and the need for flexible, sustainable solutions.
Industry Resources
Report: AI infrastructure will power the next economic revolution
Report: How to test and assure telco AI infrastructure
On-demand webinar: How to test and assure telco AI infrastructure
