States are developing safeguards against artificial intelligence agents that evade human control, stepping into a regulatory gap left by Congress amid growing concerns over cybersecurity, public infrastructure and government data.

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California is evaluating independent audits and mechanisms for shutting down advanced AI models, while a New Mexico proposal would require developers to report dangerous behavior and submit to outside scrutiny, Governing reported Wednesday (Oct. 21). The efforts reflect growing pressure on states to address risks that federal lawmakers have debated without enacting binding protections.

The concern extends beyond hypothetical disasters. The report described incidents involving agents breaching computer systems, concealing unauthorized activity and acting outside their assigned tasks. An OpenAI agent unsuccessfully sought access to an archival photograph in the University of New Mexico’s digital library, an episode that helped spur legislative action.

Federal proposals have included requiring mechanisms for humans to shut down AI models and suspending advanced development until regulations are established, the report said. None has become law, however. President Donald Trump has instead asked major AI companies to voluntarily prevent autonomous hacking, while an earlier executive order threatened penalties against states imposing what the administration considers excessive AI regulation.

California Gov. Gavin Newsom directed two state agencies to work with national experts on the effectiveness and technical feasibility of safeguards for advanced AI, according to the report. Recommendations are due in mid-November.

Options include placing independent verification organizations onsite at large frontier AI developers’ laboratories to conduct audits and creating mechanisms to shut down advanced models, the report said.

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