The Inconsistent State of U.S. Tech Policy: How Washington is Fighting Itself, the States, and the World on AI Safety
Lyonne Zhu, Motunrayo Fatoke (Mo) February 25, 2026
State-level leadership in online safety is currently facing converging pressures from two distinct federal directions. This renewed debate over preemption–the constitutional principle by which federal law supersedes state law–places the future of digital consumer protection at a critical juncture. Ideally, federal law should set a baseline floor of online safety protections that states can build on top of, within reason. However, absent effective federal action, states should be allowed to pass policies that keep their residents safe online.
This piece explores the growing tension between federal deregulation efforts and congressional pushes for stronger child online safety, using Florida’s proposed AI Bill of Rights as a case study. It highlights how preemption and conditional funding threaten state-led protections and outlines a path forward focused on federal privacy standards, thoughtful age assurance, and coordinated policies that protect kids while supporting innovation.
Lyonne Zhu
Lyonne Zhu is the Digital Safety Tech Policy Fellow at the Family Online Safety Institute (FOSI). She is a second-year Master of Arts in International Relations candidate at Johns Hopkins University’s School of Advanced International Studies, where she focuses on technology policy, climate resilience, and sustainable development. Lyonne brings experience in policy analysis, digital communication, and program design from her work with city governments, international organizations, and nonprofits. At FOSI, she is passionate about making emerging technologies more accessible and ensuring that online spaces are safe for children and families.