U.S. Senators Dick Durbin (D-IL) and Josh Hawley (R-MO) have introduced a bipartisan bill aimed at holding artificial intelligence (AI) companies liable for harm caused by their systems. The proposed legislation, known as the Aligning Incentives for Leadership, Excellence, and Advancement in Development (AI LEAD) Act, would classify AI systems as products under federal law and create a new cause of action for product liability claims.
Durbin stated, “Democrats and Republicans don’t agree on much these days, but we’ve struck a remarkable bipartisan note in protecting children online. Big Tech’s time to police itself is over. Kids and adults across the country are turning to AI chatbots for advice and information, but greedy tech companies have designed these products to protect their own bottom line—not users’ safety. By opening the courtroom and allowing victims to sue, our bill will force AI companies to develop their products with safety in mind. Our message to AI companies is clear: keep innovating, but do it responsibly. I thank Senator Hawley for joining me in introducing this bipartisan bill, and I look forward to passing it into law.”
Hawley added, “When a defective toy car breaks and injures a child, parents can sue the maker. Why should AI be treated any differently? This bipartisan legislation would apply products liability law to Big Tech’s AI, so parents—and any consumer—can sue when AI products harm them or their children.”
The bill aims to ensure that safety is prioritized during the design of AI systems rather than being an afterthought before market deployment. It also seeks to provide legal recourse for those harmed by AI technologies.
Durbin previewed the introduction of this legislation during a Senate Judiciary subcommittee hearing where parents shared testimonies about harms caused by AI chatbots.
The measure has received endorsements from organizations such as American Association for Justice, Bria AI, Encode AI, Fairplay for Kids, Issue One, National Center on Sexual Exploitation, Parents RISE!, ParentsSOS, Social Media Victims Law Center, Tech Justice Law Project, The Human Line Project, and Transparency Coalition.
Meetali Jain of the Tech Justice Law Project said: “A strong product liability law incentivizes companies to consider safety throughout the design and development process of AI products; not only when products fail and things go wrong. The LEAD AI act would help protect consumers, promote responsible development and innovation, and build the public trust essential for AI to thrive safely and ethically.”
Vered Horesh of Bria AI commented: “At Bria, we believe AI will only earn the public’s trust if families and businesses know there are real rules of the road. The AI LEAD Act begins to set those rules, but its greatest value lies in moving beyond punishment after the fact. By creating clear, transparent standards for responsible development, the Act can incentivize every player in the ecosystem to do the right thing. That’s how we protect the public while enabling innovation to thrive.”
Adam Billen from Encode AI noted: “We made a critical mistake at the outset of social media by shielding companies from all accountability under Section 230. The same massive companies that took advantage of that shield are now building advanced AI systems. The AI LEAD Act ensures they cannot repeat the mistakes of social media by bringing AI into line with existing product safety law, extending the same standards that already apply to cars, toys or pharmaceuticals to AI systems.”
Alix Fraser from Issue One stated: “If social media and Section 230 has taught us anything it is that liability is an essential tool for ensuring that Big Tech builds products that are safe for kids our national security and our democracy. Issue One is proud to endorse the bipartisan AI LEAD Act which sets clear tailored liability standards for the AI industry that will protect Americans restore our public trust and incentivize responsible innovation.”
Transparency Coalition remarked: “Product liability and consumer protection laws have over 120 years of history in the United States covering everything from car brakes to aspirin at the drug store. Of course product liability should apply to AI systems as the AI LEAD Act does.”
Hailey Hinkle at Fairplay for Kids said: “Families whose children have been harmed on social media and gaming platforms know all too well the consequences of allowing new technology to develop unchecked. We must not repeat the same mistakes with AI. Fairplay applauds introduction of THE ai lead act which would empower law enforcers & families hold ai companies accountable if they fail protect children using their products Thank you Sens Durbin & Hawley standing up kids & families across country”
Linda Lipsen at American Association for Justice said: “As use artificial intelligence continues grow keeping Americans safe should be paramount When people hurt by ai systems they must have opportunity hold those responsible account THE ai lead act confirms victims dangerous ai systems can seek justice front judge jury just as they can with any other product I thank Senators Durbin Hawley championing this bill look forward seeing cross finish line”
Social Media Victims Law Center stated: “Social Media Victims Law Center applauds Senators Durbin Hawley leadership protecting vulnerable kids dangerous deadly ai platforms Unregulated ai poses clear present danger American kids THE ai lead act provides common sense solutions protect kids while maintaining American competitiveness new technological field”
Senator Durbin has previously used his position on the Senate Judiciary Committee to focus on child safety online through hearings legislative initiatives oversight efforts including convening hearings with CEOs from major social media firms like Discord Meta Snap TikTok X formerly Twitter highlighting risks posed by digital platforms.
Durbin’s recent legislative efforts include reintroducing with Hawley another bipartisan measure—the STOP CSAM Act—which addresses online child sexual abuse material; this bill passed unanimously out of committee but awaits further Senate action.
Additionally Durbin sponsored DEFIANCE Act targeting nonconsensual explicit deepfake images videos which passed Senate July 2024 was reintroduced this year responding growing accessibility proliferation such content most often produced without consent depicted individuals.
Earlier this year the Judiciary Committee held a hearing focused on strengthening protections addressing legal gaps related children’s digital safety continuing ongoing Congressional scrutiny technology sector’s impact youth.
