Trump’s AI Preemption Playbook.

This episode of Caveat explores two major themes: the Trump administration's strategic use of executive action to influence state-level AI regulation through implicit preemption and deterrence, and a high-profile case involving a college student whose image was used without consent in a targeted dating app ad campaign. Ben Yellen unpacks how the administration has leveraged threats of litigation and conditional federal funding to discourage states from enacting AI laws, particularly in red states like Utah and Arizona, and how even Democratic governors like Colorado’s Jared Polis have expressed regret over overregulation due to economic pushback. The episode highlights a novel shift in federalism—where executive power, rather than Congress, shapes regulatory landscapes through intimidation. Meanwhile, Dave Bittner covers the story of Kaylin Lunglaufer, a TikTok influencer who sued a dating app for using her video without consent, geofencing the ad to her campus, and altering her voice to imply promiscuity. She’s pursuing claims under Tennessee’s 'Elvis Act' and the federal Lanham Act, though enforcement challenges arise due to the defendants’ offshore locations. The episode concludes with a conversation with Jen Savada, a former U.S. Air Force colonel and public sector leader at Clarity, who emphasizes the critical role of trust, transparency, and public-private collaboration in national cybersecurity, especially as AI reshapes defense and infrastructure resilience. The overarching takeaway is that regulatory power is increasingly being wielded not through legislation, but through executive strategy and corporate partnerships.