Attorney General Mike Hilgers on AI’s Risks, Regulation, and the Federal–State Divide

Send us Fan MailNebraska Attorney General Mike Hilgers joins Legal Regards to discuss how artificial intelligence is reshaping legal enforcement, regulatory strategy, and the evolving role of state attorneys general. The conversation centers on AI-related harms, responsible government use of AI tools, and the growing debate over whether AI regulation should be led by states, the federal government, or both.Hilgers explains why he views AI as one of the most transformative technologies in modern history and outlines how his office is approaching AI adoption cautiously but deliberately. He discusses current exploratory uses of AI for internal productivity and analysis, the importance of protecting confidential investigative data, and why attorney general offices must move carefully before deploying AI in litigation workflows. He also addresses the ethical and professional risks associated with hallucinated citations and unreliable outputs, emphasizing that human oversight remains essential, particularly for court filings.The discussion examines concrete AI-related harms and enforcement challenges. Hilgers describes Nebraska’s legislation addressing AI-generated child sexual abuse material, including the effort to close loopholes that could allow offenders to evade prosecution. He explains the constitutional reasoning supporting the law and situates AI enforcement within traditional state powers such as consumer protection and deceptive trade practices authority. He also outlines Nebraska’s current “wait and see” approach to broader AI-specific legislation while continuing to monitor technological developments and enforcement needs.A central theme is federalism and preemption. Hilgers rejects a binary choice between federal and state regulation, arguing that states should retain authority over traditional enforcement areas like consumer protection and criminal law, while core model-level or system-wide regulatory frameworks may require national standards to avoid a fragmented patchwork that could hinder innovation and competitiveness. He also highlights the courts as a critical but often overlooked institution that can apply existing doctrines to AI disputes before sweeping new statutory schemes are enacted.The conversation additionally covers the broader work of a state attorney general’s office and how AI fits within that landscape. Hilgers discusses multistate litigation, lawsuits involving large corporations such as TikTok and data breach cases, interstate disputes, constitutional challenges, and the expanding national influence of state AG offices. He also reflects on federal-state collaboration, marijuana policy debates, his path from private practice and legislative leadership to statewide office, and practical career advice for young lawyers and law students.Topics include:• AI as a transformative technology and emerging enforcement priority • Government use of AI tools, safeguards, and professional responsibility risks • AI-generated CSAM laws and constitutional enforcement considerations • Consumer protection authority and traditional legal tools for AI harms • Federal preemption, patchwork regulation risks, and national standards • The role of courts and existing law in shaping AI governance • Lawsuits against major corporations and multistate enforcement actions • The modern responsibilities of a state attorney general • Marijuana policy debates and federal rescheduling discussions • Career guidance for young lawyers and public service pathwaysA substantive discussion for lawyers, policymakers, and professionals interested in how state attorneys general are confronting AI-driven risks while managing the broader legal and constitutional responsibilities of their offices.Legal Regards is an off