Child Safety vs. Data Center Dollars: Utah and the Unwinnable AI Debate

In December 2025, Governor Spencer Cox stood before an audience of government officials, business leaders, and academics at the Utah AI Summit in Salt Lake City and announced a vision he called “pro-human AI.” The initiative would spread across six areas: workforce development, industry, state government, academia, public policy, and learning. It would invest $10 million in AI-ready workforce curriculum. It would position Utah as a national model for responsible artificial intelligence governance. And it would do all of this while the state simultaneously prepared to host some of the largest data centre campuses on the planet, facilities whose combined energy demands could consume four times the electricity that Utah residents and businesses currently use.
The tension between these two commitments is not incidental. It is structural. Utah has become, perhaps more than any other state, a laboratory for testing whether a government can credibly regulate the harms of artificial intelligence while aggressively courting the industry that produces them. Governor Cox has articulated this duality with a clarity unusual in American politics: “Let's use this technology to benefit humankind, and let's regulate it to make sure they don't destroy humankind. I don't think that's a contradiction. I think that's common sense.” The question is whether common sense can survive contact with the economic incentives now converging on a stretch of desert southeast of Delta, Utah, where a 20-million-square-foot data centre campus is already under construction.
Sandboxes, Disclosure Rules, and a Very Light Touch
Utah's regulatory framework for artificial intelligence is, by design, the lightest in the nation. The Artificial Intelligence Policy Act, Senate Bill 149, signed into law on 13 March 2024 and effective from 1 May that year, created the country's first Office of Artificial Intelligence Policy and established what the state calls a “learning laboratory” for AI innovation. Businesses can apply to test AI systems under state supervision, receiving temporary regulatory mitigation in exchange for consumer safeguards and transparency commitments. If a product deceives a customer or causes harm during the testing period, the developer works with regulators toward a reduced penalty. The idea, borrowed from Utah's earlier financial technology sandbox programme launched in 2019, is to encourage small AI developers to innovate without paralysing fear of enforcement.
The Act's substantive requirements are modest. Certain licensed professions, including mental health providers, must disclose upfront when a person is interacting with AI. Other professions, including telemarketing, must disclose AI usage only if asked. Violations carry an administrative fine of up to $2,500 and a civil penalty of up to $5,000. Compared to Colorado's SB24-205, which includes algorithmic discrimination prohibitions, impact assessment mandates, and risk management requirements, Utah's approach is deliberately permissive. As the IAPP noted upon the bill's passage, Utah brought generative AI into the consumer protection realm while stopping well short of imposing the kind of obligations that might deter investment.
Subsequent legislation has added layers without fundamentally altering the architecture. In March 2025, Governor Cox signed SB 271, the Unauthorized AI Impersonation Act, extending existing identity abuse laws to cover commercial deepfake usage. A separate bill barred mental health chatbots from selling Utahns' personal health data or using it to target users with advertisements. The 2025 legislative session also extended the Act's expiration date by two years, to July 2027, while SB 226 narrowed disclosure requirements so that they apply only when a consumer directly asks or during “high-risk” interactions. Each adjustment further refined the core philosophy: regulate the use of AI where it touches vulnerable populations, but leave the development of AI technology essentially untouched.
This philosophy is one Governor Cox has articulated explicitly. “The government should not be regulating the development of AI,” he told the AI Summit audience, “but the minute you decide to use those tools to give my kid a sexualised chatbot, then it's my business, and it's the government's business.” It is a line that draws an appealingly clean distinction between creation and deployment, between the forge and the marketplace. It is also a distinction that becomes harder to maintain when the state's economic strategy depends on making Utah the forge itself.
Building the Forge: Operation Gigawatt and the Data Centre Rush
At the One Utah Summit in October 2024, Governor Cox unveiled Operation Gigawatt, an initiative to double the state's power production within a decade by adding four gigawatts of capacity. The plan targets nuclear and geothermal energy as its centrepieces, alongside an “all of the above” approach that nominally includes solar and wind, though those resources have faded from the practical conversation. Cox has framed the initiative in the language of geopolitical competition, warning of a new global “arms race” over who will ultimately control artificial intelligence technologies and the energy they need. The motivation is straightforward: data centres need power, and Utah's main electricity provider, Rocky Mountain Power, does not have nearly enough.
The scale of what is being built is staggering. Creekstone Energy is developing the Delta Gigasite in Millard County, a 20-million-square-foot campus that would be the world's largest data centre complex, eclipsing the current record holder in Inner Mongolia. The company plans to manage 10 gigawatts of capacity at the site, drawing from a mix of solar, natural gas, and power from the Intermountain Power Project, with nuclear under active evaluation. In December 2025, Creekstone signed a memorandum of understanding with Salt Lake City-headquartered EnergySolutions to study the integration of at least two gigawatts of next-generation nuclear power, with a target for commercial operation between 2030 and 2035. Creekstone's CEO, Ray Conley, described nuclear as having “the potential to complement our multisource approach and support the growth of large-scale AI and digital-infrastructure development.”
Less than a mile away, Joule Capital Partners is building a 4,000-acre, four-gigawatt data centre campus focused on AI workloads, set to begin operations in 2026. Initial plans call for six buildings, each powered by 69 Caterpillar natural gas generators. The battery storage system is permitted to accept cleaner electricity sources, including fuel cells and a nearby geothermal project under construction by Fervo Energy, as well as small modular nuclear reactors should they become commercially available. But for the foreseeable future, the power will come from burning natural gas.
In Eagle Mountain, Meta's data campus is expanding, a large QTS data hub is under construction, and Google is waiting to build on 300 acres it owns within city limits. Google has already delayed its Eagle Mountain build due to energy constraints, prompting the city council to explore constructing small nuclear reactors. In Brigham City, a $750 million partnership between Hi Tech Solutions and Holtec International, announced in November 2025, aims to create what Cox described as “a complete civil nuclear energy ecosystem from start to finish.” The plan envisions up to ten Holtec SMR-300 small modular reactors for civilian and military use, a manufacturing hub, and a workforce training centre developed with Utah's universities and technical colleges. The first reactor is not expected to come online until the early 2030s.
A February 2026 investigation by The Salt Lake Tribune, published in partnership with Grist, reported that data centres planned for Utah could consume as much as four times the electricity the state currently uses. Industry analysts expected both the quantity of data centres and the amount of power they consume to quadruple over the next four years. Joule's applications filed with the state indicate an initial output of one gigawatt, roughly a quarter of Utah's current annual electricity consumption, but public statements suggest the eventual target exceeds four gigawatts.
The environmental costs are not limited to carbon emissions. Water, in a state engulfed in a decades-long drought, is an equally pressing concern. The Salt Lake Tribune found that the NSA data centre in Bluffdale consumed more than 126 million gallons between October 2024 and September 2025, enough to meet the annual indoor needs of nearly 800 Utah households. Until recently, data centres in the state were not required to report their water use. State Representative Jill Koford, a Republican, introduced legislation in 2026 to require aggregated water use reporting, acknowledging that “we really don't have any statewide guardrails for reporting and transparency.” This is the same state whose governor stood on the shores of the drying Great Salt Lake in late 2025 pledging to help refill it in time for the 2034 Winter Olympics.
This is the economic engine that “pro-human AI” regulation must coexist with. In March 2025, the Utah Legislature passed SB 132, allowing private companies with energy demands of 100 megawatts or more to build their own generating stations that operate off the public grid. The bill's sponsor, Senator Scott Sandall, specifically cited data centres as the impetus. The legislation was designed to prevent the costs of massive new energy infrastructure from being passed to existing ratepayers, but it simultaneously codified the principle that data centre operators can bypass the regulated utility system entirely, generating their own power on their own terms.
Children, Algorithms, and the Companies Utah Needs
The centrepiece of Governor Cox's moral argument for state-level AI regulation is child safety. His rhetoric on this subject is forceful and specific. “It's one thing if we're fighting China and you're developing your model,” he said at the 2026 Politico Governors Summit in Washington, D.C. “But once you start selling sexualised chatbots to kids in my state, now I have a problem with that, and I'm going to get involved there, and the Supreme Court is going to back me up on that.”
Utah has indeed been among the most aggressive states in the nation at addressing algorithmic harms to children. In 2024, the legislature passed two significant bills. HB 464 created a private right of action for minors who suffer adverse mental health outcomes arising from excessive use of algorithmically curated social media services, with a rebuttable presumption that the platform's algorithms caused the harm. Damages start at $10,000. SB 194, the Utah Minor Protection in Social Media Act, required social media platforms to implement age verification, embedded parental controls, and default privacy settings for minor accounts, including mandatory parent-scheduled social media breaks, daily usage time limits, prohibition of autoplay functions, and a blackout window from 10:30 p.m. to 6:30 a.m.
These were not tentative measures. They represented a genuine attempt to hold social media companies accountable for design choices that optimise engagement at the expense of adolescent wellbeing. The legislative intent drew directly on years of research and disclosure. In 2021, Frances Haugen, a former Facebook employee, disclosed thousands of internal documents confirming that Meta was aware of Instagram's negative impact on teen mental health. Facebook's own internal research found that 13.5 per cent of teen girls said Instagram worsened suicidal thoughts, and 32 per cent reported that when they felt bad about their bodies, Instagram made them feel worse. A second whistleblower, Arturo Bejar, testified before Congress in 2023 that Meta's top executives, including CEO Mark Zuckerberg, had ignored internal warnings for years. The business incentive driving these design choices is substantial: research has estimated that social media platforms generate nearly $11 billion annually in advertising revenue from users aged 0 to 17, creating a powerful structural motivation to keep minors engaged regardless of the consequences.
The problem is that the courts have not been kind to Utah's ambitions. On 10 September 2024, U.S. District Court Judge Robert Shelby issued a 39-page ruling granting a preliminary injunction against SB 194, blocking the law from taking effect. NetChoice, a trade association representing Google, Meta, Snap, and X, had argued the law violated the First and Fourteenth Amendments. Judge Shelby agreed that NetChoice was “substantially likely to succeed on its claim that the Act violates the First Amendment,” finding that the law imposed content-based restrictions and was not narrowly tailored to achieve the state's goals. He also noted that Utah had “not provided evidence establishing a clear, causal relationship between minors' social media use and negative mental health impacts.” The state appealed; a three-judge panel of the Tenth Circuit heard arguments in November 2025, with the outcome still pending.
The ruling illustrated a fundamental asymmetry. States can pass laws condemning algorithmic harms. Courts can block those laws as unconstitutional. And the companies whose business models depend on maximising adolescent engagement continue operating largely unchanged. The same companies that Utah's child safety legislation targets are, in many cases, the same companies whose data centre operations Utah is working to attract.
The Federal Collision and the Shape of Compromise
The conflict between state-level child protection and federal deregulatory pressure reached its sharpest point in February 2026. Representative Doug Fiefia, a Utah Republican, introduced HB 286, the Artificial Intelligence Transparency Act, which would require frontier AI companies to publish safety and child protection plans, produce risk assessments for original AI models, report safety incidents to the state's Office of AI Policy, and face civil penalties of $1 million for a first violation and $3 million for subsequent violations. The bill also included whistleblower protections for employees who report safety concerns.
The White House responded with remarkable force. On 12 February 2026, the White House Office of Intergovernmental Affairs sent a letter to Republican Utah Senate Majority Leader Kirk Cullimore Jr. declaring itself “categorically opposed to Utah HB 286” and calling it “an unfixable bill that goes against the Administration's AI Agenda.” White House officials had spent two weeks urging Fiefia not to move the bill forward and, according to reporting by Axios, did not offer specific changes that could make it acceptable. A source told Axios that the White House official indicated “there's nothing Fiefia can do to make him happy.”
The intervention was extraordinary. A Republican administration was pressuring a Republican-controlled state legislature to abandon a transparency bill with overwhelming bipartisan public support. A January 2026 poll by Public Opinion Strategies found that more than 90 per cent of Utah voters supported every component of HB 286, with approximately 80 per cent signalling strong support. Seventy-eight per cent wanted lawmakers to prioritise AI safety bills. Seventy-one per cent worried the state would not regulate AI enough. And 61 per cent opposed President Trump's executive order blocking state AI legislation.
National polling told a similar story. The Institute for Family Studies surveyed 6,200 voters and found that 90 per cent chose child safety over preventing states from passing AI regulations that could burden tech companies. This included 89 per cent of Trump voters and 95 per cent of Harris voters.
The resolution has been a familiar one in American politics: the ambitious bill was set aside, and a more modest alternative advanced. House Speaker Mike Schultz pointed to Fiefia's other bill, HB 438, the Companion Chatbot Safety Act, as “the bill we're going to move forward with for sure.” HB 438 requires AI chatbots to obtain consent before sharing user data, clearly disclose advertisements, and treat minors with special care. Companion chatbots designed to simulate intimate relationships must notify young users every hour that they should take a break, that the chatbot is not a real human, and that companion chatbots may be unhealthy. It is a useful bill. It is also a substantially less threatening one. Not everyone views the retreat as a compromise; the Libertas Institute, a Utah-based libertarian think tank, argued that HB 286 represented “government overreach in AI development,” contending that broad paperwork mandates and significant penalties would burden developers without meaningfully protecting children.
The Subsidy Landscape and Who Pays
Understanding the structural tension in Utah's position requires looking beyond legislation and into the economics of data centre incentives. In April 2025, Good Jobs First, a nonprofit watchdog organisation tracking economic development subsidies, published a report finding that at least ten states were already losing more than $100 million per year in tax revenue to data centres. Texas alone was losing an estimated $1 billion in fiscal year 2025.
A follow-up report in November 2025 revealed that of 32 states with tax incentives for data centres, 12 failed to disclose even aggregate revenue losses. Those 12 “dark” states included Utah. Good Jobs First found that states which had computed their returns determined they were losing between 52 and 70 cents for every dollar spent on sales tax exemptions.
Utah's own incentive structure is layered. Senate Bill 114, passed in 2020, provides sales and use tax exemptions for qualifying data centres of 150,000 square feet or more. The Economic Development Tax Increment Financing programme offers post-performance tax credit rebates of up to 30 per cent of new state revenue over project lifespans of five to twenty years. The Rural Economic Development Incentive Programme provides even more generous terms for investments in rural areas, with rebates of up to 50 per cent of new state revenues.
These incentives exist because every state wants data centres, and the companies building them have the leverage to choose among dozens of competing jurisdictions. The result is a dynamic in which the same state government articulating a “pro-human” vision for AI is simultaneously offering financial inducements to the companies whose products generate the harms that vision purports to address. This is not hypocrisy in the conventional sense. It is the structural reality of federalism in a market economy where capital is mobile and tax bases are not.
What Genuine Sacrifice Would Actually Look Like
The most revealing question about Utah's “pro-human AI” framework is one that almost no one in the state's political establishment is willing to answer directly: what would genuine misalignment between child safety and economic growth actually require policymakers to sacrifice?
The honest answer begins with acknowledging that the business models Cox condemns and the economic development he celebrates are not merely adjacent. They are, in many cases, the same activity viewed from different angles. Meta's data centres process the same algorithmic recommendation systems that HB 464 identifies as causing adverse mental health outcomes in children. Google's computing infrastructure powers the same engagement optimisation that keeps adolescents scrolling past the curfew hours SB 194 attempted to enforce. The AI models that Creekstone's Delta Gigasite will train and serve are, in significant part, the same models whose deployment Utah's transparency legislation seeks to regulate.
Genuine sacrifice would mean accepting that some categories of AI development are incompatible with child safety and refusing to host them, even at the cost of losing investment to competing states. It would mean conditioning data centre tax incentives on compliance with child safety standards, not merely at the point of consumer interaction, but at the level of model design and training data. It would mean treating the development and deployment of AI as a continuum rather than maintaining the convenient fiction that the forge bears no responsibility for the sword.
It would also mean confronting the energy and environmental costs honestly. The nuclear infrastructure that Operation Gigawatt promises is at least a decade away from delivering meaningful power. TerraPower's plant in Kemmerer, Wyoming, the only firm nuclear project in Rocky Mountain Power's portfolio, will not come online until around 2032, and Utah will share its projected 500 megawatts with other western states. Holtec's SMR-300 reactors in Brigham City are even further out. In the interim, Utah's data centres will run overwhelmingly on natural gas, with the Novva data campus in West Jordan going so far as to request a presidential exemption from the Clean Air Act to operate diesel generators while its natural gas plant is completed. Residents near Joule's Millard County site will hear the equivalent of more than 400 semi-trucks idling around the clock, producing emissions year-round.
The “pro-human” framing allows these contradictions to coexist by promising that the harms are temporary and the benefits permanent: nuclear power will eventually replace natural gas, AI-ready workers will thrive in the new economy, and robust regulation will tame the technology's worst impulses. It is a compelling narrative. It is also one that depends on outcomes that have not yet materialised and on regulatory mechanisms that courts have already begun to dismantle.
Substance, Symbolism, and the Gap Between Them
To its credit, Utah's approach contains real substance that distinguishes it from mere performance. The regulatory sandbox model, whatever its limitations, represents a genuine attempt to learn from AI deployment rather than simply permitting it. The child safety bills, even when blocked by courts, have articulated legal theories that other states are building upon. Governor Cox's willingness to defy a White House of his own party on the question of state regulatory authority is not trivial. When he told the Politico Governors Summit, “States must help protect children and families while America accelerates its leadership in AI,” he was staking out a position with real political costs.
Representative Fiefia has framed the dynamic with precision: “There's been a narrative that's out there around AI that you either have innovation or you have safety, and you can't have both at the same time. I think there's a way to thread that needle.” The question is whether threading the needle is the same as solving the problem. A threaded needle holds fabric together; it does not change the fabric's nature.
The fabric, in this case, is an economic model in which the social media and AI companies that generate documented harms to children are also among the largest investors in the energy and computing infrastructure that Utah is actively courting. Meta is expanding in Eagle Mountain. Google owns 300 acres there. The data centres being built in Millard County will serve the same AI ecosystem whose consumer-facing products trigger the very harms Utah's legislature has spent three years trying to address.
A framework that regulates the use of these technologies while subsidising their development is not a contradiction in the logical sense. Both things can be true simultaneously: AI can create genuine economic value and AI can harm children. But the framework becomes something closer to managed contradiction when the economic incentives that reward development are orders of magnitude larger than the penalties that punish misuse. A $5,000 civil penalty for failing to disclose AI usage is not in the same moral universe as a 50 per cent tax rebate on hundreds of millions of dollars of data centre investment.
Ten Gigawatts of Unresolved Questions
What makes Utah's experiment genuinely important is that it is happening at all. Most states are not even attempting to articulate a coherent framework for AI governance. They are either passing no legislation or passing legislation that the federal government promptly threatens to preempt. Utah is doing something more ambitious and, consequently, more revealing. It is attempting to build a pro-human AI agenda inside an economic structure that is fundamentally organised around accelerating AI deployment.
The $10 million investment in AI-ready workforce development is real. So are the $750 million in private investment flowing into Brigham City's nuclear ecosystem. The poll numbers showing 90 per cent of Utah voters supporting AI safety regulation are real. So are the tax exemptions that make Utah competitive in the race for data centre investment. These are not contradictions that can be resolved through better messaging or more precise legislative drafting. They are contradictions that reflect a genuine structural problem in American technology governance: the entities that create the most powerful technologies are also the entities with the most economic leverage over the communities that host them.
The honest version of “pro-human AI” would not pretend these tensions do not exist. It would name them, measure them, and create mechanisms for democratic accountability when child safety and economic growth genuinely conflict. It would require that data centre incentives include enforceable conditions tied to the downstream behaviour of the AI systems those centres support. It would treat transparency not as a disclosure requirement that applies only when a consumer thinks to ask, but as a structural obligation embedded in the business relationship between the state and the companies it subsidises.
Utah is not there yet. No state is. But the distance between where Utah stands and where genuine “pro-human” governance would require it to go is the distance between a political brand and a binding commitment. Closing that gap would require sacrifices that no state, and no governor, has yet been willing to make: turning away investment that fails to meet safety standards, conditioning tax benefits on verifiable child safety outcomes, and accepting that some forms of economic growth are not worth their human cost.
The data centres will be built. The nuclear reactors, eventually, will follow. The question that Utah has raised, whether a state can simultaneously serve as an engine of AI expansion and a guardian of the humans that expansion affects, remains genuinely unanswered. The answer will not come from summits, initiatives, or branding exercises. It will come from the moments when the state must choose between a tax dollar and a child's safety, and what it does when nobody is looking.
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Tim Green UK-based Systems Theorist & Independent Technology Writer
Tim explores the intersections of artificial intelligence, decentralised cognition, and posthuman ethics. His work, published at smarterarticles.co.uk, challenges dominant narratives of technological progress while proposing interdisciplinary frameworks for collective intelligence and digital stewardship.
His writing has been featured on Ground News and shared by independent researchers across both academic and technological communities.
ORCID: 0009-0002-0156-9795 Email: tim@smarterarticles.co.uk








