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Ensuring a National Policy Framework for Artificial Intelligence

187 points2 monthswhitehouse.gov
rubyfan2 months ago

Is it me or does this seem like naked corruption at its worst? These tech CEOs hang out at the White House and donate to superfluous causes and suddenly the executive is protecting their interests. This does nothing to protect working US citizens from AI alien (agents) coming to take their jobs and displace their incomes.

oceanplexian2 months ago

> This does nothing to protect working US citizens from AI alien (agents) coming to take their jobs and displace their incomes.

Where did you get the idea that banning new technology that could eliminate jobs is even remotely an American value?

Going back to the Industrial Revolution the United States has been 100% gas pedal all the time on innovation and disruption, which has in turn created millions of jobs that didn't exist before and led to the US running the world's largest economy.

rubyfan2 months ago

We regulate medicine, nuclear technology, television, movies, monopolies, energy, financial services, etc. because these things can be harmful if left solely to the market. Americans value honest work, dignity, prosperity and equal opportunity. Innovation is useful in so far as it enables our values - regulation is not counter to Americans interests, it protects them.

XenophileJKO2 months ago

I feel like anyone making this argument hasn't studied how those regulations happened.

They ALL happened AFTER people got hurt. That's how we do things here. We always have.

It's kind of messed up, but the alternative is a bunch of rules on things that wouldn't be a real problem.

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true_religion2 months ago
+1
rubyfan2 months ago
+1
miohtama2 months ago
andsoitis2 months ago

> We regulate medicine, nuclear technology, television, movies, monopolies, energy, financial services, etc.

Many of those regulations at the federal level, yes?

alterom2 months ago

>Many of those regulations at the federal level, yes?

In addition to ones at state level, yes.

windexh8er2 months ago

Sure. And this is not that. This says: before we begin to think about our policy let's make sure to remove any barriers for Mr. Altman and friends so that they don't get sucked down with their Oracle branded boat anchor.

If this had any whiff of actually shedding light on these needed regulations the root OP wouldn't have said what they did. But for now I'm going to head over to Polymarket and see if there are any bets I can place on Trump's kids being appointed to the OpenAI board.

eggsandbeer2 months ago

[dead]

devmor2 months ago

> Going back to the Industrial Revolution the United States has been 100% gas pedal all the time on innovation and disruption, which has in turn created millions of jobs that didn't exist before and led to the US running the world's largest economy.

Where did you get the idea that this was the cause that created millions of jobs and lead to the US running the world's largest economy, and not say - the knock-on effects of the US joining WW2 relatively late and unscathed, making it the only major world power left with a functioning enough industrial complex to export to war-ravaged Europe?

ch_sm2 months ago

I see your point, but that is definitely not the only cause of American economic dominance. The U.S. has been the largest economy by GDP since ca 1900 – i.e. before the wars.

mnky9800n2 months ago

There is more to history than ww2.

devmor2 months ago

There is more to a discussion than strawmen.

Dumblydorr2 months ago

Not true that US is 100% gas pedal constantly on innovation. You’re forgetting labor reform movements and the service switch away from industry in the last few decades. Also the de-science-ing of the current admin has vastly reduced our innovative capacity, as well as the virtual decapitation of brain drain. Those next generation of brightest immigrants certainly aren’t coming here to deal with ICE, and that’s been the source of half the great minds in our country throughout its history, gone because of racism.

mnky9800n2 months ago

I kind of doubt American scientists will leave en masse to go elsewhere. Their options are only Europe, the UK, or China. Most will not be willing to give up the salaries or the resources available to scientists in the USA, even with the current administration, to go live in strongly hierarchical academic systems that they don’t know how to navigate. Especially not for a 30% salary reduction (or more if they go someplace like France or Italy).

dc3962 months ago

Reread what the previous poster said. They were talking about folks coming to the US. Around 50% of doctorate level scientists and graduate students in STEM come from outside the US.

x3ord2 months ago

Canada? Australia? 30% (or more) salary cut certainly applies but academic systems are similar and resources are in the same ballpark at top research universities.

idiotsecant2 months ago

They don't have to go anywhere if they just don't come here. American science works on the back of underpaid foreign born graduate students. If they aren't there, neither is American science. It's already started. And that's not even considering the other 'reforms' currently deliberately crushing academia. The first thing a new fascist regime needs to crush is the immigrants, and the second is academia. https://www.insidehighered.com/news/students/graduate-studen...

milowata2 months ago

The case against this EO is not “banning new technology”. It’s not allowing the federal government to ban any state regulation. And states having the power to make their own rules is maybe the most American value.

SubiculumCode2 months ago

It's not even that, as this isn't Federal Law.

alterom2 months ago

It's Federal Blackmail.

SubiculumCode2 months ago

What ISNT an American value is Executive Orders trying to trump State powers without actual legislation.

kibwen2 months ago

> Going back to the Industrial Revolution the United States has been 100% gas pedal all the time on innovation and disruption

Until that "innovation and disruption" threatens any established player, at which point they run crying to the government to grease some palms. China is innovating and disrupting the entire energy sector via renewables and battery storage while the US is cowering in the corner trying to flaccidly resuscitate the corpse of the coal industry.

drivingmenuts2 months ago

Maybe it should be. The system here in the US has produced some great innovations at the cost of great misery among the non-wealthy. At a time when technology promises an easier life, it only seems to benefit the wealthy, while trying to discard everyone else. The light at the end of the tunnel is a 1%-er about to laughingly crush you beneath their wheels.

noduerme2 months ago

I don't think this is the strongest argument. Every technological revolution so far has initially benefited the wealthy and taken a generation or two for its effects to lift the masses out of previous levels of poverty, but ultimately each one has.

To me the stronger argument about AI is that this revolution won't. And that's because this one is not really about productivity or even about capital investment in things that people nominally would want (faster transport, cheaper cotton, home computers). This one is about ending revolution once and for all; it's not about increeasing the wealth of the wealthy, it's about being the first to arrive at AGI and thus cementing that wealth disparity for all perpetuity. It's the endgame.

I don't know if that's true, but that's to me the argument as to why this one is exceptional and why the capitalist argument for American prosperity is inapplicable in this case.

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dylan6042 months ago
+1
tehjoker2 months ago
hcurtiss2 months ago

I don’t know about that. The poor from just about every other country in the world seem desperate to live in America. While American capitalism has many faults, oppressing the bottom quintile is not one of them. The US median income is consistently top ten globally.

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reeredfdfdf2 months ago
Arodex2 months ago

>The poor from just about every other country in the world seem desperate to live in America

Immigration to the USA, both illegal and legal, has cratered.

Gud2 months ago

This is completely wrong. Even “the poor” in most parts of the world has a pretty good life weight where they are.

https://m.youtube.com/watch?v=hVimVzgtD6w&pp=ygUMSGFucyByb3N...

drivingmenuts2 months ago

The US does a good job of selling the idea of living here and getting rich, though it does a better job of selling it to people who aren't already embedded in daily life in the US. While we have, perhaps, much lower numbers of extreme poverty compared to a lot of countries, as one of the richest countries, and growing richer by the day, we should have zero extreme poverty. The people with the will to fix our poverty lack the money and very few with money have no real desire to help the less fortunate.

ajross2 months ago

> Going back to the Industrial Revolution the United States has been 100% gas pedal all the time on innovation and disruption

Arguably true, but it's also been way ahead of the pack (people tend to forget this) on protection for organized labor, social safety net entitlements, and regulation of harmful industrial safety and environmental externalities.

This statement is awfully one-sided.

idiotsecant2 months ago

I am not sure you can call it being 'ahead of the pack' when we are currently furiously disassembling those forward thinking ideas.

slg2 months ago

The patent system. I know someone will respond detailing why the patent system is pro-business, but it is objectively government regulation that puts restrictions on new technology, so it's proof that regulation of that sort is at least an American tradition if not fully an "American value".

johnebgd2 months ago

Patents and trademarks are the only ways to create legal monopolies. They are/were intended to reward innovation but despite good intentions are abused.

lucas_membrane2 months ago

Not exactly. For example, Major League Baseball has been granted an anti-trust exemption by the US Supreme Court, because they said it was not a business. In some cases in which firms have been found guilty of violating the anti-trust laws, they were fined amounts minuscule in relation to the profits they gained by operating the monopoly. Various governments in the US outsource public services to private monopolies, and the results have sometimes amounted to a serious restraint of trade. The chicanery goes back a long way. For the first decade or so after the passage of the Sherman Act, it was not used against the corporate monopolies that it was written to limit; it was invoked only against labor unions trying to find a way to get a better deal out of the firms operating company stores and company towns etc, etc. Then Teddy Roosevelt, the so-called trust-buster, invoked it under the assumption that he could tell the difference between good and bad monopolies and that he had the power to leave the good monopolies alone. 120 years later, we are in the same sorry situation.

SequoiaHope2 months ago

Intellectual property restrictions cause harm even when used as intended. They are an extreme rest restriction on market activity and I believe they cause more harm than good.

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bit19932 months ago
rudedogg2 months ago

> Where did you get the idea that banning new technology that could eliminate jobs is even remotely an American value?

Copyright law is another counter-example to your argument. But somehow? that’s no longer a concern if you have enough money. I guess the trick is to steal from literally everyone so that no one entity can claim any measurable portion of the output as damages.

I’ve always thought Copyright should be way shorter than it is, but it’s suspect that we’re having a coming to Jesus moment about IP with all the AI grifting going on.

zdragnar2 months ago

Copyright has nothing to do with banning technology. It is a set of rules around a particular kind of property rights.

There are things you can do with technology that are banned as a result of copyright protections, but the underlying technologies are not banned, only the particular use of them is.

rudedogg2 months ago

I’m saying if the law was respected at all this technology would be banned. I don’t know that I prefer that outcome, but it is the truth.

https://en.wikipedia.org/wiki/Copyright_law_of_the_United_St...

https://en.wikipedia.org/wiki/Copyright_Clause

grafmax2 months ago

The question isn’t the jobs created but how have workers benefited from increased productivity? They haven’t materially since late 1970s. That’s when the American labor movement began its decline. Innovation isn’t what helps workers. The gains from innovation have to be wrenched from the hands of the ruling class through organized resistance.

cyanydeez2 months ago

[flagged]

__MatrixMan__2 months ago

I think your take is historically accurate. Although one does wonder how long we'll be able to get away with keeping the pedal to the metal. It might be worth taking a moment to install a steering wheel. Rumor has it there are hazards about.

IAmGraydon2 months ago

Is it you? I mean, the guy started his term by launching a scam coin along with his wife. He hates the United States and sees it as just something to exploit for financial gain and power. That's it. That's literally all there is to all of his actions.

SilverElfin2 months ago

It is definitely naked corruption. Lobbying was always around, but I would say that with this administration things are a lot more transactional and a lot more in the open. Companies like Palantir and Anduril and others are being gifted contracts all over the place - that’s money we taxpayers are losing.

A_D_E_P_T2 months ago

> Companies like . . . Anduril are being gifted contracts all over the place - that’s money we taxpayers are losing.

Can you point to a concrete example of this?

A_D_E_P_T2 months ago

tbh there's nothing weird about those.

The Marine Corps I-CsUAS award is explicitly described as an IDIQ with a maximum dollar value of $642M over 10 years -- though it could be much less -- and reporting indicates it was competitively procured with 10 offerors. It wasn't "gifted"/"no-bid"

Also: $642M spread over 10 years is roughly $64M/year at the ceiling, and ceilings are often not fully used. That scale is not remotely unusual for a program-of-record counter-UAS capability if the government believes the threat is persistent. (Which it does.)

The rest are similarly mundane and justifiable.

Here's what would be weird: Repeated sole-source awards where a competitive approach is feasible, implausible technical scope relative to deliverables, unjustified pricing, or political intervention affecting downselects. I don't see any of that here. (But, okay, let's not talk about Palantir, lol.)

esseph2 months ago

It is well known in Defense circles that much of what Anduril does comes in on no-bid black budget contracts. Often short duration or low volume.

Imagine Silicon Valley CEOs pumped full of VC dollars and embedded with units that Don't Exist in places We Were Never At.

whynotmaybe2 months ago

That's lobbying simplified, no need to pay lobbyist.

rchaud2 months ago

This is a tribute system, way past lobbying. Lobbying is cheap, Senators can be bought off for 5-figure sums. CEOs pay lobbyists so they don't have to meet with them personally. What's happening now involves CEOs appearing at political events and lobbying the president personally, to the tune of millions of dollars in declared "donations" for "ballroom construction", in exchange for security guarantees for their business empires.

jfengel2 months ago

Lobbying is tightly regulated, and the FEC really does keep a close eye.

This is just flat out bribery, using the thinnest of legal fig leaves. Which would not possibly pass muster if he hadn't also packed the court with supporters.

davidw2 months ago

> does keep a close eye

"kept", I think.

conartist62 months ago

I'm in agreement because what is there to say about AI policy?

This govt clearly isn't going to regulate against harms like perpetuating systems of racism. This government adores to perpetuate systems of racism.

So fuck it. Let's race to the bottom like the companies want to so badly.

AndrewKemendo2 months ago

> protect working US citizens from AI alien (agents) coming to take their jobs and displace their incomes

So where is this coalition that’s organized to actually make this real?

Software engineers are allergic to unionization (despite the recent id win) and 100% of capital owners (this is NOT business owner and operators I’m talking about LPs and Fund Managers) are in support of labor automation as a priority, the same people also run every government and overwhelmingly select the politicians available to vote for, so who will fund and lead your advocacy?

soulofmischief2 months ago

Game developers are subject to much more abuse than the average software engineering job, for less pay. It's a different environment.

I'm open to the idea of guilds, but personally I do not want others negotiating for me with the type of work I do, I'd prefer it to be a contract between me, my employer and nothing else. Unions aren't always a net benefit for every industry.

Of course, with AI going the way it is, collective bargaining might become more attractive in our field. But institutions can be slow to catch up and not everyone always agrees with the outcome. Personally, if I worked in Hollywood, I'd be upset about the kind of anti-AI scaremongering and regulation taking place in the WGA and SAG-AFTRA.

bparsons2 months ago

For this brief moment in time, crime is legal.

soulofmischief2 months ago

The US was founded on crime. We are a colonial imperial country with a penchant for using racism and religion in order to maintain a certain lifestyle for white supremacists.

Slavery was really not that long ago, we are still actively invading countries and murdering people for oil, and we help bankroll straight up genocide in regions such as Darfur and Palestine.

This is business as usual.

lowmagnet2 months ago

We still do slavery and it's even kept in the 13th amendment as a punishment.

SXX2 months ago

Whats wrong if US population has voted for this? There was no surprises this time - everyone can expect what is going to happen.

wood_spirit2 months ago

Didn’t the majority of people vote to “drain the swamp” and “bring down the cost of living”?

krapp2 months ago

People had nearly a decade of experience with Donald Trump as a known political entity and decades of receipts and lawsuits prior to 2016 to speak to his amoral and corrupt nature. If they didn't know exactly what they were buying into they were idiots. He isn't exactly a master manipulator.

Also, The first time Trump was elected, the majority of voters went for Hillary Clinton. Second time, it was still 49% versus 48% for Kamala Harris. The majority of Americans have never voted for Donald Trump nor ever supported him.

soulofmischief2 months ago

I actually don't want to suffer just because my neighbor is racist.

+1
SXX2 months ago
seanhunter2 months ago

You don’t seem to appreciate: they paid for the ballroom. They have a right to set policy. That’s how an oligarchy works

testing223212 months ago

That’s how campaign contributions have worked for a long time. Now it’s just a touch more blatant.

The rest of the world has always called it corruption.

viccis2 months ago

Just another step towards Russian style naked oligarchy.

N_Lens2 months ago

Par for the course with this administration.

outside12342 months ago

You aren't missing anything. This is oligarchic capture of the government.

parineum2 months ago

[flagged]

fhd22 months ago

I think people commonly use the word to refer to business oligarchs, which are not technically government:

"A business oligarch is generally a business magnate who controls sufficient resources to influence national politics."

https://en.wikipedia.org/wiki/Business_oligarch

carabiner2 months ago

This is the most pro-tech admin in decades, and that terrifies me.

mahirsaid2 months ago

did you not see who was standing next to him. All of the top tech bros of silicon valley in their search for the fountain of youth.

reactordev2 months ago

[flagged]

cyanydeez2 months ago

[flagged]

Alex20372 months ago

[flagged]

ETH_start2 months ago

[flagged]

reactordev2 months ago

>which translates to higher wages for U.S.-based workers.

In what world do you live in and are you taking refugees?

This is not at all how this works. First people to see higher monies are the shareholders and only the shareholders.

hvb22 months ago

> Higher productivity is also why jobs pay so much more in the U.S. than the E.U.

You mean the top tier jobs or the bottom 90%?

They pay so much more because the US is very ok with big income inequality.

Those unions represent a much bigger share of the population, so shouldn't they have more away in a democratic system (where demos is people)

ETH_start2 months ago

Median income and the purchasing power of disposable income are substantially higher in the U.S.

The public sector unions do represent a much larger share of the population than the CEOs but in absolute terms public sector workers constitute a very small share of the population, while receiving a large share of public spending. Given they are being rewarded with huge amounts of tax dollars from the party they help keep/put in power, the concern that there's a systemic pay-to-play dynamic at work is very justified.

+2
hvb22 months ago
rubyfan2 months ago

> AI agents being able to do jobs means more income for U.S.-based companies, which translates to higher wages for U.S.-based workers.

Um, no. Higher productivity translates to greater return on equity for those that hold it, not necessarily workers.

roenxi2 months ago

[flagged]

TrainedMonkey2 months ago

> we need a hyper-productive world where someone working a few hours a year generates enough wealth to secure a comfortable lifestyle up there with the best of them.

This is naive, productivity increases had decoupled from compensation a long time ago. See https://www.epi.org/productivity-pay-gap/ for example. AI certainly can create wealth, and in fact already did (hey NVDA), but somehow that did not trickle down. I think more likely than not, AI will further stratify our society.

ETH_start2 months ago

When statistical artifacts are controlled for, it shows that there's been almost no gap between productivity and compensation growth:

https://www.brookings.edu/articles/sources-of-real-wage-stag...

The EPI is also not a credible source, given who funds it.

IncreasePosts2 months ago

But humans aren't more productive for the most part. What had made people more productive is, for the most part, mechanization, computerization, and other tech tree improvements.

Even though everyone didn't get rich from the industrial revolution, ultimately people led easier lives, more stuff, and less work.

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N_Lens2 months ago
oceanplexian2 months ago

Why then, outside of Norway, Luxembourg, Switzerland, and the UAE (All of which are tiny countries, and at least two of them are Petrostates), does the United States have the world's highest median income with a population of over 342 million people?

The typical American is insanely wealthy by global standards.

+1
abright2 months ago
forgetfreeman2 months ago

Insanely wealthy when your comparison includes tin pot dictatorships, theocracies, and ex-soviet countries that still haven't gotten their shit together. Weird how that unimaginable wealth doesn't translate into financial security, access to high quality healthcare, or the ability to own a home.

+3
N_Lens2 months ago
+2
noitpmeder2 months ago
andsoitis2 months ago

> for example. AI certainly can create wealth, and in fact already did (hey NVDA), but somehow that did not trickle down.

The millions of people who use NVDA’s products do not get value from it? Isn’t it making their lives richer?

331c8c712 months ago

If your employer gets you a nvda card or openai subscription, it doesn't automatically mean you are getting richer, agreed?

And the richness of life it's another philosophical discussion altogether...

roenxi2 months ago

I don't know why you think that graph is contradicting me, if wages and productivity aren't linked having people do make-work is even more stupid! They're already doing work that they aren't even being compensated for, fighting to preserve that when the work doesn't need to be done is legitimately crazy. It'd be fighting for the right to do work that isn't being compensated for and isn't useful. One of the rare situations that is even worse than just straight paying people to not do anything. I'm seeing a scenario where we have such high individual productivity that everyone can live a very comfortable life. If in practice the way it is working is a couple of people do all the work and the benefits are divvied up among everyone else then that hardly undermines the vision.

Although if we're talking the optimum way of organising society, y'know, re-linking wages and productivity is a probably a good path. This scheme of not rewarding productive people has seen the US make a transition from growth hub of the world to being out-competed by nominal Communists. They aren't exactly distinguishing themselves with that strategy.

rubyfan2 months ago

I’m not an expert but my understanding is a slow migration from agriculture oriented jobs to industrial to information jobs. Yes we all have more cheap junk but also economic disparity and a hollowing out of the middle class. That will get worse faster than new types of jobs can be created. Will the new jobs even replace the same levels of income? It seems impossible.

hvb22 months ago

> We aren't going to make the next big leap in lifestyles without doing the same thing to a lot more jobs.

Which planet is going to sustain that? More productivity doesn't add any resources to sustain your lifecycle.

aw1242 months ago

Question number one. Is dominance really a necessary part of a country's existence? Can't you just have peaceful relations and supportive relationships with other countries to live in harmony, when artificial intelligence brings benefits to all countries, not just the USA? Can't you build on the technological foundations that have been laid to create sustainable development for your society?

The desire for more. To have more than others, is a key problem that generates unhealthy politics. Unhealthy foreign policy towards other countries. In your pursuit of being first in everything. Being first in everything, preventing the development of other countries, holding onto technologies for yourself. You create an imbalance. You create an imbalance in the global economy, in politics, in the social sphere, and in the social environment.

Isn't there an alternative to having sustainable development? Built on the principles of mutual support and focused not on dominance, but on collaboration between peaceful states. Between peaceful states.

ProllyInfamous2 months ago

>~Is dominance necessary?

Not necessarily — it's about respect. And a time-tested method is to exert your dominance (typically with violence). Maintaining power[1] is about maintaining respect [2].

[I love that certain groups of sub-ordinate apes have been observed literally tearing the alpha monkey apart, killing him; effectively ending excessive tyrannies]

As a counter-example, among the most respected persons in a prison system is the one who is generous[0] with their commisary. Snickers bars end wars.

"You can catch more flies with honey than vinegar"

>~The desire for more.

"The problem with always winning is you end up having to win all the time." —John Candy

[0] without reciprical expectations

[1] "everything is about sex, except sex; sex is about POWER" — without further commentary, other than are you reading these headlines (PS: he didn't kill himself)?!

[2] If you have not, Tim Urban's book What's Our Problem[3] is among my favorite datageek sociology books. It helped me better understand both my world and my lawyer brothers. He's the author of the excellent Wait But Why? blog.

[3] <https://www.amazon.com/Whats-Our-Problem-Self-Help-Societies...>

Nasrudith2 months ago

Stasis is the quickest way to be 'sustainible' but is a far from ideal outcome. Even if we ignore the squandered potential, take a look at what happened to Japan and others who pursued policies of stagnation for the sake of stability. The lucky ones only got admiral Perry-ied. The unlucky ones were brutally colonized or conquered. The really unlucky ones no longer exist.

States are what can be called superorganisms literally made entirely out of coercion to get others to serve their goals without their consent. Despite the claims of social contract, nobody ever signed one. Asking statew not to seek dominance is like asking a wolf to take up vegetarianism. They technically could do it but it goes fundamentally against its entire design and purpose.

Not to mention that saying no to 'more' isn't kumbaya everyone has peace and freedom. It means active suppression of ambitions of others. States are made of coercion, remember?

tbrownaw2 months ago

> Can't you just have peaceful relations and supportive relationships with other countries to live in harmony

"I can picture a world without fear, without hate. I can picture us conquering that world, because they'd never expect it."

isubkhankulov2 months ago

Yes, dominance is preferred. Countries’ resources aren’t evenly distributed, and this fact determines foreign policy more than anything else.

There’s no world govt or global authority. Every country must look after its own interests.

Having every country cooperate requires trusting some entity as a global enforcer, one that wont abuse their unchecked power. Obviously, america has played this role since ww2 but not without plenty of mistakes and oversights.

We as humans haven’t found an alternative to this yet.

treetalker2 months ago

Federal Preemption: A Legal Primer — https://www.congress.gov/crs-product/R45825

kemitchell2 months ago

CRS is really underappreciated. Seeing you link that report here made me happy.

dav-2 months ago

What does this have to do with executive orders?

alwa2 months ago

I imagine it’s a nod to the way the stated goal would normally be pursued, but in this case is not.

It sounds like a good idea to establish a uniform national policy! And the federal government can do that (although only for the very specific purposes spelled out in the Constitution). The right way to do that is to pass a law through both houses of Congress, and the president to sign it into law. Maybe the law even specifies a broad framework and authorizes the executive branch to dial in the specific details (although the court seems to be souring on that kind of thing too).

The god-king proclaiming a brand new framework governing a major new sector of the economy To Be So is.. not the normal way

peterlk2 months ago

The link is highly relevant to the executive order because this executive order attempts to place limitations on what laws US states can create.

lesuorac2 months ago

EOs aren't law though. They're guidance for the rest of the executive branch on how to execute the laws written by congress.

The Legislative branch (Congress) not the Executive branch (White House) can preempt states.

nhaehnle2 months ago

That's the whole point. They aren't law, and they were (probably) never meant to be so far-reaching, and yet the clear purpose of this Executive Order is to tell the states what laws they can enact. The EO doesn't have the legal power to do that directly, but it clearly outlines the intention to withdraw federal funding from states that refuse to toe the line.

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twisteriffic2 months ago
treetalker2 months ago

peterlk and lesuorac nail it: the EO purports to preempt state law, but EOs aren't law and that's not how preemption works.

ang_cire2 months ago

Probably something to do with the section titled:

> Sec. 7. *Preemption of State Laws* Mandating Deceptive Conduct in AI Models.

throw0101a2 months ago

Executive order (EO) count over the last few presidents:

* Bush (41): 166

* Clinton (two terms): 364

* Bush (43; two terms): 291

* Obama (two terms): 276

* Trump (45): 220

* Biden: 162

* Trump (47; <1 year): 218

Source:

* https://www.presidency.ucsb.edu/statistics/data/executive-or...

Someone commented that (one of?) the reason that Trump is using EOs so much is probably because is not willing (or able) to actually get deals on in the legislature to pass his policies (or what passes for policy with him).

cdrnsf2 months ago

EOs also aren't laws, they're instructions on how to execute policy. This administration treats them as the former.

Everything they do, however, is petty, cruel and nakedly corrupt while also being marred by a total lack of competence.

sterlind2 months ago

I think the Administration is likely to get its toys taken away soon.

the Major Questions Doctrine, the end of Chevron deference, the mandate for Article III courts from Jarkesy, have been building towards this for a while. the capstone in this program of weakening the administrative state, overturning Humphrey's Executor when Trump v. Slaughter is decided, will likely revive the Intelligible Principle Doctrine, as Justice Gorsuch has hinted. the same trend is apparent in the IEEPA tariffs case, where non-delegation got a lot of airtime.

EOs lose a lot of their punch when the Executive's delegated rulemaking and adjudication powers are returned back to their rightful owners in the other two branches.

Refreeze52242 months ago

I don't know where you get the confidence that any of that matters to SCOTUS. They know their role, and they are playing.

+1
parineum2 months ago
Hnrobert422 months ago

I fear by reducing control over executive power to one, squishy standard like the Intelligible Principle Doctrine will let SCOTUS pick and choose which laws have intelligible principles. When conservatives are in power, suddenly all laws will have them. And swing back when liberals are in control.

throw0101a2 months ago

> I think the Administration is likely to get its toys taken away soon.

Perhaps worth reading "The umpire who picked a side: John Roberts and the death of rule of law in America":

* https://www.theguardian.com/us-news/ng-interactive/2025/aug/...

Also "John Roberts and the Cynical Cult of Federalist No. 70":

* https://newrepublic.com/article/204334/john-roberts-federali...

And "This Is All John Roberts’ Fault":

* https://www.motherjones.com/politics/2025/11/john-roberts-do...

And perhaps "Trump Allies Sue John Roberts To Give White House Control Of Court System":

* https://talkingpointsmemo.com/news/trump-allies-sue-john-rob...

conception2 months ago

Or why bother when no one will stop you from ruling by fiat?

nh23423fefe2 months ago

Yes, why would you bother not exercising power you possess?

scythmic_waves2 months ago

Yep. I punch literally everyone I meet in the face.

I have the power to do it. Why would I not?

nh23423fefe2 months ago

You don't have that power, you'll either be beaten by your adversaries unless you only target weak people. And then you'll be arrested. You don't have the power you claim to have. You can't punch people.

+2
janalsncm2 months ago
some_guy_nobel2 months ago

> Yes, why would you bother not exercising power you possess?

By that logic, I suppose well-funded police should respond to every call with a SWAT team, or at the least guns drawn?

(I guess Uncle Ben's quote in Spiderman actually wasn't redundant!)

gopher_space2 months ago

Do you mean “restraint”?

josh_p2 months ago

Yes, and..

Each EO tests the waters a bit more with what the public and other branches will tolerate. As we’ve seen with numerous orders already, Congress and business will comply early because they think it will benefit them.

Trump thinks himself a king. He acts like it. He’s attempting to normalize his behavior. He can’t deal with the legislature because it turns out white supremacy isn’t that popular. Who knew?

noitpmeder2 months ago

Apparently popular enough to get him elected. It's not like his supporters were under any pretense who or what they were voting for

josh_p2 months ago

I think the GOP, the right, etc. do propaganda very well. And they’re good at spinning scandals into things their voter base wants to hear. Or just burying them in a way that makes it hard for their base to find.

Even the centrist TV networks are still treating Trump like a normal president. News like the NYTimes does the same, while platforming horrible people in their op ed section.

Edit: anec-data - I have an embarrassing number of family members that voted for him. I asked why and the surprising common thing among all of them was they just didn’t know. The felonies, convictions, scandals, the racism and transphobia. They were just surprised. And they’re not very good at thinking critically about much of it.

Instead they’re voting for some nostalgia and the idea that they felt safer and more secure in their country when they were younger.

exogeny2 months ago

Ross Douthat makes me (figuratively) vomit every time I read his nonsensical garbage.

LPisGood2 months ago

I once heard it said that Trump governs like a dictator because he is too weak to govern like a president. He is extremely unpopular and his party holds one of the smallest house majorities ever.

gigatree2 months ago

*Extremely unpopular in DC, fwiw

nemo2 months ago

Also a 31% approval rating, unpopular with a large majority of people in the US, fwiw

rafram2 months ago

31% on the economy specifically. Unbelievably (to me), a full 41% of the country still believes he’s doing a good job in general.

N_Lens2 months ago

GOP is a party captured by the very wealthy. It’s minority rule because of certain elites’ trillion dollar plans to control all three branches of government and the courts have come to fruition after decades in the works.

After Nixon a lot of lessons were learned, on how to handle scandals and how to ram unpopular policy down America’s throat.

Alupis2 months ago

There is a very vocal opposition to Trump. However, by almost any way you can present "popularity" of a president - be it approval ratings, polling figures, popular vote, electoral vote, etc. - he is one of the more popular presidents in US history.

It's easy to get caught in an echo chamber of like-minded individuals and assume everyone disagrees with his policies - but that is far from reality.

mullingitover2 months ago

> he is one of the more popular presidents in US history.

Published today: "Trump's approval rating on the economy hits record low 31%"[1]

> President Trump's approval rating on his longtime political calling card — the economy — has sunk to 31%, the lowest it has been across both of his terms as president, according to a new survey from The Associated Press-NORC.

"Trump's Approval Rating Drops to 36%, New Second-Term Low" [2]

> his all-time low was 34% in 2021, at the end of his first term after the Jan. 6 attack on the Capitol.

The man is only two points above where he was when every reputable institution on the planet was running away from him as fast as possible, and he was nearly convicted in the senate. Less than a year into the term.

[1] https://www.axios.com/2025/12/12/trump-economy-inflation-aff...

[2] https://news.gallup.com/poll/699221/trump-approval-rating-dr...

reactordev2 months ago

So it’s only downhill from here?

+1
roenxi2 months ago
lesuorac2 months ago

> However, by almost any way you can present "popularity" of a president - be it approval ratings, polling figures, popular vote, electoral vote, etc. - he is one of the more popular presidents in US history.

You might want to look up those data yourself because uh he's actually unpopular in those metrics.

Approval - 42.5% [1]. Much better than Trump's love interest Biden's 37.1% [2] but being below 50% is unpopular.

Popular Vote / Electoral Vote - 49.8%, 312. I may need to tell you this so I will. 50% is greater than 49.8%; a majority of voters (nevermind the country) did not want Trump. As before, this is better than Biden's 306 and Trump1's 304 but worse than Obama2 (332), Obama1 (365) and in general 312 (57%) is nothing to write home about.

[1]: https://www.natesilver.net/p/trump-approval-ratings-nate-sil...

[2]: https://www.natesilver.net/p/why-biden-failed

outside12342 months ago

Dude, I'm a swing voter and even I can see his popularity ratings are historically low.

jeremyjh2 months ago

> It's easy to get caught in an echo chamber

No shit?

insane_dreamer2 months ago

And here I thought the GOP was the "states rights" "small gov" party.

ziml772 months ago

It's never been about principles of states rights. It's always about disliking specific national policies and spinning the argument to make it sound as if it's about a reasonable principle.

"State's rights to do what?" https://www.youtube.com/watch?v=-ZB2ftCl2Vk

justarandomname2 months ago

Yeah, was thinking the same thing. Reading this:

> State-by-State regulation by definition creates a patchwork of 50 different regulatory regimes

Like... isn't that the whole point? Let the states decide?

DannyBee2 months ago

Any company dumb enough to try to use this to ignore actual state law will get what they deserve. No state court will give them a pass when they claim an EO has any force of law or that it was reasonable to rely on it.

Even given the current state of things (I’m a lawyer, so well aware) I would put money on this

techblueberry2 months ago

A win for states rights!

dmix2 months ago

Just like the last time Trump was president he is far from a traditional conservative regarding small government. People pretend the 2010 tea party is the same thing as Trump as some sort of gotcha, but he's never been that way. He's always been very assertive regarding expanding executive and federal power.

yks2 months ago

No one is surprised about that guy, those comments usually point out how "the 2010 tea party", and everyone else from the decades, if not centuries, of the conservative milieu, are suddenly all in on this.

noitpmeder2 months ago

The president isnt going to personally enrich himself and his cronies by _divesting_ power from his offce

dmix2 months ago

I agree, the main reason is he has been very effective with his cult of personality to get most of the republican congressmen in line. They lose elections if they don't and politicians aren't known for sticking to their values once in power.

The actual small government republican congressmen like https://x.com/justinamash have been very critical of Trump's power grabs but he lost political favor doing so

resters2 months ago

Like most of what Trump does it's 1000% emo and also very stupid. It's proudly anti-democratic and fundamentally disrespectful of American values.

People fall for it because fear of foreign rivals, frustration with a regulatory patchwork, and anti‑“ideological” backlash make a centralized, tough‑sounding fix emotionally satisfying. Big Tech and national‑security rhetoric also create an illusion that “dominance” equals safety and prosperity, short‑circuiting careful federalism and due process.

peter_d_sherman2 months ago

The following passage seems particularly noteworthy:

>"Sec. 3. AI Litigation Task Force. Within 30 days of the date of this order, the Attorney General shall establish an AI Litigation Task Force (Task Force) whose sole responsibility shall be to challenge State AI laws inconsistent with the policy set forth in section 2 of this order, including on grounds that such laws unconstitutionally regulate interstate commerce, are preempted by existing Federal regulations, or are otherwise unlawful in the Attorney General’s judgment, including, if appropriate, those laws identified pursuant to section 4 of this order. The Task Force shall consult from time to time with the Special Advisor for AI and Crypto, the Assistant to the President for Science and Technology, the Assistant to the President for Economic Policy, and the Assistant to the President and Counsel to the President regarding the emergence of specific State AI laws that warrant challenge."

It would seem logical to believe that there will be a number of AI-meets-law legal cases in the future, both in the U.S., it's States, and in the jurisdictions of foreign countries and their respective States/Districts/Regions...

I'm guessing (but not knowing) that the U.N. will have its own similar task force in the future -- as will other countries and their jurisdictional / law-making regions...

It will be interesting (at least from the perspective of a disinterested-in-outcome-but-interested-in-process legal observer) to see what cases (and also what laws/statutes) emerge in this area (Region Vs. Nation, Nation Vs. Region, Nation Vs. Nation, Region Vs. Region) in the future, and how they will be resolved...

(You know, for students of AI, students of Law, and students of The Future...)

ChrisArchitect2 months ago

meanwhile the url is a different, more direct kind of statement:

eliminating-state-law-obstruction-of-national-artificial-intelligence-policy

nickpsecurity2 months ago

More than anything, they need to match and then exceed Singapore's text and data mining exception for copyrighted works. I'll be happy to tell them how since I wrote several versions of it trying to balance all sides.

The minimum, though, is that all copyrighted works the supplier has legal access to can be copied, transformed arbitrarily, and used for training. And they can share those and transformed versions with anyone else who already has legal access to that data. And no contract, including terms of use, can override that. And they can freely scrape it but maybe daily limits imposed to avoid destructive scraping.

That might be enough to collect, preprocess, and share datasets like The Pile, RefinedWeb, uploaded content the host shares (eg The Stack, Youtube). We can do a lot with big models trained that way. We can also synthesize other data from them with less risk.

treetalker2 months ago

Federal Preemption: A Legal Primer — https://www.congress.gov/crs-product/R45825

maplethorpe2 months ago

> shall, in consultation with the Special Advisor for AI and Crypto

It's funny to me that they categorise AI and crypto together like this, two technologies that have nothing to do with each other (other than both being favoured by grifters).

tbrownaw2 months ago

> categorise AI and crypto together like this, two technologies that have nothing to do with each other (other than both being favoured by grifters).

No, they're different in that regard as well; AI actually does have a bit of "there" there.

ngcc_hk2 months ago

National … is it relevant ? And what is the point and why republicans do what the democrats do. Wonder.

rokoss212 months ago

The regulation vs innovation framing is a false dichotomy here. Most developed economies have found that thoughtful regulation enables _sustainable_ innovation - see GDPR and data privacy innovation, or pharma regulations driving R&D.

For AI specifically, baseline standards around model documentation, data sourcing transparency, and compute auditing would actually help larger players (who can afford compliance) and reduce race-to-bottom dynamics that harm smaller developers.

fallingfrog2 months ago

As expected, the stupidest imaginable policy. Take all the guardrails completely off, even though the ones that are in place are already toothless. Don't worry, the free market will ensure that everything is turned into paperclips at the maximum possible speed.

metronomer2 months ago

Let's hope it doesn't get universal

d--b2 months ago

This is hardly readable. What’s this about?

arminiusreturns2 months ago

Where this is really going: AI is the boogie man they are going to try to use to infiltrate and take over computing, it's 90s cryptowars 3.0

The pivot will be when they starting talking about AGI and it's dangers and how it must be regulated! (/clutches pearls)... right now they are at the "look at AI we need it it's awesome" stage.

chrisjj2 months ago

> Earlier this week, he reiterated that sentiment in a post on Truth Social, saying: “We are beating ALL COUNTRIES at this point in the race, but that won’t last long if we are going to have 50 States, many of them bad actors

Has Trump IDed the alleged bad actor states?

munchler2 months ago

It’s the blue ones, of course.

sigwinch2 months ago

It’s hard to tell if what he says is even relate to what he will do. A hardline on semiconductors to China faded this week when he needed some economic stimulation.

So when states without AI data centers seek to ameliorate tax and zoning obstacles, it won’t be Federal preemption in their way, but what benefits Trump.

chrisjj2 months ago

True current title: Trump signs executive order aimed at preventing states from regulating AI

nhaehnle2 months ago

In particular, the bulk of the substantial text of the order has a pretty clear culture war bend with all the talk about how truthful AI is. This is in large part a fight over the political leaning of AI models.

xeonmc2 months ago

In a parallel universe, the government in the 20th century signed bills protecting tobacco giants from State regulation to encourage investments furthering the country’s international competitiveness in the tobacco industry.

eastof2 months ago

In a parallel universe tobacco is critical to the national security interest of the state. I feel you and other commenters in this thread are ignoring the fact that the outcome of the next war will likely be decided on the cyber front.

N_Lens2 months ago

I don’t think humanity will survive the next war.

spencerflem2 months ago

I’m hopeful humanity will, but civilization isn’t making it

sigwinch2 months ago

That does kind of draw a contrast between Jesse Helms, the ultimate tobacco Senator, and Trump. They’re almost opposites.

k3102 months ago

> Republicans earlier this year failed to pass a similar 10-year moratorium on state laws that regulate AI as part of Trump’s One Big Beautiful Bill Act, with the Senate voting 99-1 to remove that ban from the legislation. Trump’s order resurrects that effort, which failed after bipartisan pushback and Republican infighting, but as an order that lacks the force of law. [0]

> Trump has framed the need for comprehensive AI regulation as both a necessity for the technology’s development and as a means of preventing leftist ideology from infiltrating generative AI – a common conservative grievance among tech leaders such as Elon Musk.

On the other hand ..... Grok and others ...

From the party of "states rights" and "small government"

[0] https://www.hks.harvard.edu/faculty-research/policy-topics/d...

andsoitis2 months ago

White House AI czar and Silicon Valley venture capitalist David Sacks elaborated on the rationale for the executive order in a post on X.

Sacks argued that this domain of “interstate commerce” was “the type of economic activity that the Framers of the Constitution intended to reserve for the federal government to regulate.”

At the Oval Office signing ceremony, Sacks said, "We have 50 states running in 50 different directions. It just doesn't make sense."

mcdan2 months ago

So much for "states rights" and the "laboratories of democracy."

AndrewKemendo2 months ago

We had a pretty decisive event eliminating precicely that experiment

TimorousBestie2 months ago

Could you be more specific?

+2
schmidtleonard2 months ago
+1
stocksinsmocks2 months ago
CPLX2 months ago

> Sacks argued that this domain of “interstate commerce” was “the type of economic activity that the Framers of the Constitution intended to reserve for the federal government to regulate.”

They did indeed. It’s explicitly delegated to congress which declined to pass a law like this.

The EO is just obviously null and void in the face of any relevant state law.

jandrewrogers2 months ago

Wickard v Filburn rearing its ugly ahead again.

https://en.wikipedia.org/wiki/Wickard_v._Filburn

threemux2 months ago

Many of the ills currently befalling the US can be traced to the New Deal era. Including, of course, an HN favorite: our system of employer-sponsored health insurance.

rubyfan2 months ago

I’m not a legal scholar but this seems pretty bone headed.

lesuorac2 months ago

Which part?

The "The U.S. government had established limits on wheat production, based on the acreage owned by a farmer, to stabilize wheat prices and supplies." seems like quite the federal overreach never mind the court decision.

rubyfan2 months ago

Mostly the decision but yeah it’s a double whammy of bad policy from congress and probably worse ruling from the court.

siliconc0w2 months ago

An EO is not law - the hard part is going to be to get congress onboard. Trump is losing political steam and AI is widely unpopular. Most of this country feels AI is going take their job, poison their children, and increase energy prices.

Animats2 months ago

Right. Congress has the power to preempt state law in an area related to interstate commerce by legislating comprehensive rules. The executive branch does not have the authority to do that by itself.

This is like Trump's "pardon" of someone serving time for a state crime. It does little if anything.

Quite a number of AI-related bills have been introduced in Congress, but very few have made much progress. Search "AI" on congress.gov.

hcurtiss2 months ago

Where do you get this impression? I don’t know anybody who thinks that.

missingcolours2 months ago

> Trump is losing political steam and AI is widely unpopular.

It seems extremely popular based on my LinkedIn feed! /s

malfist2 months ago

Good thing LinkedIn is such an authentic representation of the vox populi

bgwalter2 months ago

Pure nepotism. Trump also recently softened on cannabis. Who is involved in cannabis (and Adderall) startups? David Sacks, "Crypto and AI czar" and YouTube pundit.

We were promised a better economy, better job chances, and better housing by Mr. Sacks on YouTube.

Instead we get "crypto", "AI" and addictive substance grifting.

m4ck_2 months ago

Perhaps folks should take some time to realize they've been conned by people whose only interest is their own personal weatlh and power, and will promise anything like "prices are going down day one" or "your income and networth will DOUBLE if you elect me" to get elected.

ChrisArchitect2 months ago

[dead]

cebert2 months ago

I wish this article would include what the details of the framework are. It’s unhelpful in its current form.

dang2 months ago

We've since changed the URL to link to the order itself, and put links to other articles in the toptext.

ChrisArchitect2 months ago
dang2 months ago

We'll merge that thread hither.

henning2 months ago

[flagged]

ETH_start2 months ago

Very welcome order to prevent the anti-AI movement from stymieing the development of AI in the U.S.

DannyBee2 months ago

Except it does literally nothing since EO can’t preempt state law

petcat2 months ago

It could have some teeth considering that the whole point is the executive office is going to establish a task force that investigates state laws in opposition of this federal deregulation of AI. Any states deemed to be out of sync will have certain kinds of federal funding cut from them.

There are a lot of states, and especially state universities, that will not like that.

DannyBee2 months ago

The Executive can't actually cut approriated federal funding, since budgets are congress's job.

The executive, in fact, must spend money that congress appropriates. Unless it is illegal/et al to do so, or the funding otherwise allows prseidential discretion, they are required to do so.

Yes, they did some EO's purporting to cut funding. None that related to non-discretionary funding have been upheld, even by "trump" judges, and so far all non-discretionary (IE explicitly directed by congress) funding cut has been restored, AFAIK. All are a wildly clear violation of separation of powers, and so far no judge has disagreed.

(Though don't confuse whether they have to spend the money the way congress directs with whether they can or can't fire federal employees, etc)

There is a path to the president impounding appropriated money through the impoundment control act, but they haven't done it or followed the process so far.