Artificial Intelligence Law: 2026 Update

Learn the Current State of Artificial Intelligence Law in the U.S. and Abroad as We Head Into 2026

Attorney Nick Oberheiden
Artificial Intelligence Team Lead

While the law surrounding artificial intelligence (AI) is developing, it is doing so at a much slower rate than AI itself—and this poses challenges for AI developers and users alike. Without clear legal guidance (and, in many cases, without any legal guidance at all), companies are forced to make high-risk decisions based on the limited available information—and with the understanding that the legal landscape should shift dramatically in the future.

Artificial Intelligence Law Remains Underdeveloped and Non-Uniform in the U.S. and Internationally

Although we have seen significant developments over the past year, AI legislation remains piecemeal and non-uniform. In the United States, we still do not have significant AI legislation at the federal level, and the states are taking widely varying approaches to regulating AI. While many of the state AI laws enacted to date focus on privacy and other consumer data protections, there are exceptions—and, as you might expect, many of these laws raise more questions than they answer.

The high-risk AI systems landscape is similarly varied and unsettled at the international level. However, many countries’ legislatures have done far more than Congress, and foreign nations’ artificial intelligence laws can apply to U.S. companies in varying circumstances. As a result, when it comes to assessing companies’ compliance obligations and legal risks, it is imperative not only to examine the current state of the law in the U.S. but also the current state of the law abroad.

Artificial Intelligence Laws, Regulations, and Guidance As of 2026

With this in mind, here is a look at the current state of artificial intelligence law heading into 2026:

Legislation in the United States

Federal Laws Introduced (But Not Passed) As of 2026

As we mentioned above, Congress has yet to take sweeping AI legislation in response to the rise of artificial intelligence. While several bills have been introduced over the past year or so, these bills are either still very much in the early stages of the lawmaking process or are no longer under consideration. Some examples include:

Federal Artificial Intelligence Risk Management Act – Referred to the Committee on Homeland Security and Government Affairs last November, this proposed federal law would direct federal agencies (and, by extension, federal contractors) to use the Artificial Intelligence Risk Management Framework developed by the National Institute of Standards and Technology (NIST).
NO FAKES Act – Referred to the Committee on the Judiciary in July, this proposed federal law would protect intellectual property rights in individuals’ voices and visual likenesses in relation to the development and use of generative AI system.
Artificial Intelligence Research, Innovation, and Accountability Act—Referred to the Committee on Commerce, Science, and Transportation in July, this proposed federal law would “provide a framework for artificial intelligence innovation and accountability ” by establishing testing, evaluation, and reporting requirements for AI companies.

Again, these are not current laws in the United States, nor are they close to becoming law in 2026. Nonetheless, they are instructive of the types of issues that federal legislators are considering. If any of these bills gain momentum, they could become among the first federal AI statutes.

State-Level Artificial Intelligence Laws

While Congress is yet to finalize any statutes focused on artificial intelligence, state legislatures around the country have been busy over the past year. In addition to state AI laws passed in 2023, we have seen new legal developments, including:

Alabama – Alabama enacted a law, which took effect on October 1, 2024, that makes it a criminal offense to distribute materially deceptive media to influence an election and political campaigns. The law also allows private parties to seek injunctions against the distribution of such material.
California – California recently passed a law that requires AI developers to provide public documentation of the data used to train their AI systems and devices. Notably, several other AI-related bills introduced during the 2024 legislative session in California failed to become law or are still pending.
Colorado – Colorado became the first state to adopt comprehensive AI legislation in May 2024. Under the Colorado AI Act, both AI developers and companies that use AI platforms will have statutory obligations beginning in early 2026. The Colorado AI act includes obligations to avoid AI-produced discriminatory outcomes, among others.
Delaware—Delaware enacted a law in 2024 that created the Delaware Artificial Intelligence Commission and charged the commission with making legislative recommendations concerning AI usage on automated decision-making and safety.
Illinois – Illinois enacted an amendment to its Human Rights Act that specifically prohibits employers from using predictive AI tools that consider race (or ZIP code as a proxy for race) when making employment-related decisions.

These are also examples used to illustrate the varying approaches that state legislatures are taking to attempt to regulate artificial intelligence. The Conference of State Legislatures (NCSL) has maintained an updated list of state-level AI legislation throughout 2024, and if you scroll through this list, you will see that far more bills have failed or remain pending than have passed. Given that this is the case, we expect to see a substantial amount of state-level legislative activity in this area in 2026.

Regulatory and Executive Action in the U.S.

In the absence of federal legislation, several federal agencies have taken it upon themselves to begin addressing AI through the rulemaking process. To date, these efforts have largely (if not exclusively) been non-binding in nature.

For example, the U.S. Department of Homeland Security (DHS) has issued two guidance documents addressing the national security implications of AI in both the public and private sectors. The first of these guidance documents, Safety and Security Guidelines for Critical Infrastructure Owners and Operators, was published in April 2024, while the second, Roles and Responsibilities Framework for Artificial Intelligence in Critical Infrastructure, was just published in November.

The White House has taken action as well. Most recently, it issued a Memorandum on Advancing the United States’ Leadership in Artificial Intelligence; Harnessing Artificial Intelligence to Fulfill National Security Objectives; and Fostering the Safety, Security, and Trustworthiness of Artificial Intelligence in October 2024. As its long-winded title suggests, this memorandum addresses various topics related to the intersection between AI and national security. It builds on the White House’s guidance from prior years—including the October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence and the October 2022 Blueprint for an AI Bill of Rights.

Legislation and Rulemaking in Foreign Countries

Outside of the United States, the law of artificial intelligence is developing more rapidly in some, but certainly not all, jurisdictions. Countries and other international authorities that have taken steps to regulate AI (in one form or another) over the past year include:

Australia
Brazil
Canada
China
European Commission
France
Denmark
Germany
Hong Kong
Indonesia
Ireland
Netherlands
United Kingdom
United Nations Economic Commission
Singapore
South Korea

This list is not comprehensive, and the actions taken by these (and other) international authorities range from forming working groups to adopting binding laws and regulations governing various aspects of high-risk AI development and use. Since U.S.-based companies that make their AI-powered products and services available overseas may need to comply with the law in various jurisdictions, staying up-to-date on foreign legal developments will also be important for many AI developers and other companies in 2026.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Effectively Managing AI-Related Statutory and Regulatory Compliance in 2026 (and Beyond)

Given the evolving legal landscape surrounding predictive and generative AI, what can (and should) companies in the AI sphere be doing to manage compliance as we head into 2026? Going forward, some of the key steps companies will need to take to manage their legal and regulatory risk effectively include:

1. Determining Which Current (and Pending) Laws Apply

Most immediately, companies should determine which laws apply— domestically and internationally. It will be worth considering whether any pending laws, such as the EU AI Act, that may get passed in 2026 have the potential to apply as well.

2. Continuing to Monitor for Legal Developments

Since legislatures across the U.S. and worldwide continue to focus on artificial intelligence, companies will need to continue monitoring legal developments throughout 2026. This is a substantial undertaking, and overlooking even a new law or AI regulation can prove costly, so most companies must rely on their outside counsel.

3. Addressing New Legal and Regulatory Requirements as Efficiently as Possible

When new laws and regulations get passed, companies should work to address their requirements as efficiently as possible. In this regard, focusing on the non-binding guidance from the White House, DHS, and other federal authorities can be helpful. Even if new legal requirements deviate from these non-binding standards, a compliance-focused framework will help ensure that companies are prepared to adapt when necessary.

Schedule an Appointment with a Senior AI Lawyer at Oberheiden P.C.

We assist companies of all sizes with all AI-related legal and regulatory compliance aspects. If you would like to speak with one of our lawyers, please contact us. To schedule an appointment with a senior AI lawyer at Oberheiden P.C., call 888-680-1745 or contact us online today.