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⚖️ POLICY & REGULATION

US Senator Maria Cantwell Puts Six Principles On Paper For A Federal Frontier AI Law: NIST Writes The Standards, No Covered Model Ships Until An Independent Audit Passes, And Auditors Get The Training Data: The Senate Commerce ranking member released the framework Wednesday as a guide for legislation rather than a bill. Its six named principles are enforceable federal safety standards for frontier development and deployment; continuous testing, review and auditing; transparency and accountability through disclosure, oversight and consequences; public-private partnerships; protections for children, support for workers and human oversight of consequential AI; and U.S.-led global cooperation on common standards. Under it NIST would write measurable, risk-based standards for systems that could cause catastrophic harm and update them regularly, a covered model could not be released until independent auditors confirmed its safeguards were in place, and developers would have to give qualified testers and auditors access to models, training data and related materials, disclose material safety and security risks, and report incidents involving dangerous capabilities or failures of critical safeguards, with specialized standards for open-weight models. "America can lead the world in AI by building systems that are not only more capable, but safer and more secure," Cantwell said. It is the Democratic answer to the Cruz-Klobuchar-Thune draft, which relies on company-run tests presented to the Commerce secretary, and it is the text Commerce would start from if Democrats take the Senate in November. Link

Warren And Blumenthal Ask Six Trump Officials For Every Communication With The AI Companies That Shaped The Accord, With Answers Due Oct. 19: The Oct. 5 letter, released Tuesday, goes to Treasury Secretary Bessent, Commerce Secretary Lutnick, Chief of Staff Wiles, National Cyber Director Cairncross, OSTP Director Kratsios and OMB Director Vought. It cites reports that Mark Zuckerberg played a "central role in shaping" the White House Accord on Super Intelligence and that he and Elon Musk raised concerns with the president, after which the voluntary evaluation period was shortened, and it says the Office of the National Cyber Director had drafted mandatory safety screening for frontier systems before industry opposition produced a voluntary framework covering fewer models. The senators want the correspondence and the details of the voluntary model evaluation process; Semafor reports an Oct. 19 deadline. "The Administration must stop putting industry profits over the interests of the American people," they wrote. It follows their Sept. 28 letter to Bessent on the June executive order's benchmarking criteria. Link

Trahan Floats The CLAIM Act: Developers Answer For Any Harm Their AI Causes That Would Be Negligence, A Tort Or A Crime If A Person Did It, And Taking Care Is No Defense: The Clear Liability for Artificial Intelligence Misconduct Act discussion draft, released Wednesday by the Massachusetts Democrat, creates a federal cause of action, usable in federal or state court, against a developer whose system injures a third party through conduct that would be negligent, an intentional tort or a crime if a person did it. Causation and foreseeability still have to be shown, but the developer's own care does not defeat the claim, and courts would presume the system had the mental state a person taking the same actions would have had, so "the AI cannot form intent" is off the table. Liability shifts away from the developer only where the user, or a company that modified the system, intended the conduct or was negligent. The draft is a floor, not preemption, so state AI laws and state claims survive. "When someone breaks the law and hurts you, you can take them to court. That shouldn't change just because the wrongdoer is an AI agent," Trahan said; comments go to [email protected]. Against the Hawley-Murphy Senate bill, which runs operator liability through the Computer Fraud and Abuse Act and treats reasonable safeguards as a defense, this is the stricter of the two agent-liability texts now on the table. Link

Reuters/Ipsos: 57 Percent Of Voters Say The Administration Is Not Taking AI Risks Seriously, 54 Percent Say The Same Of Congress, And 84 Percent Call AI A Threat To American Workers: The poll, released Wednesday, surveyed 4,506 adults including 3,526 registered voters online, with a margin of error of two points. The worker number outranks illegal immigration (60 percent), foreign workers (74 percent) and large corporations (73 percent) as a perceived threat; 62 percent said the technology could get out of control and risk the future of humankind, flat against last August; and stricter government regulation drew 80 percent of Democrats and 61 percent of Republicans. With four weeks to the Nov. 3 midterms, it is the number behind Cantwell's framework, the Guardrails Action red lines and the governor debates below. Link

STATES

Pennsylvania Sends One Of The Nation's First AI Advertising Disclosure Laws To Shapiro: SB 806 Passes The House 163-40: Sen. Nick Pisciottano's SB 806, which passed the Senate 48-2 on June 10, cleared House Communications & Technology 26-0 on Monday, Appropriations 37-0 on Wednesday and the floor the same day without amendment, so it goes to the governor, who Senate Democrats say is expected to sign. It bars an advertiser from knowingly, recklessly or willfully creating or disseminating an ad that uses synthetic content in a way that creates a false consumer perception about the nature, origin or authenticity of the goods or services unless it carries a clear and conspicuous disclosure that the ad "contains content that was modified or generated using artificial intelligence," shown the first time the content appears, in the same medium, and permanent or extraordinarily difficult to remove where feasible. Evidently fictional content, parody, satire, commentary, criticism and text-only ads are exempt. The attorney general or a district attorney enforces with injunctions and a civil fine of up to $3,000 plus attorney fees; there is no private right of action, and the act takes effect 60 days after enactment. Rep. Chris Pielli's House twin, HB 95, passed the House 124-78 in June and is no longer needed. Link

Harrisburg's Committees Clear Five More AI Bills In Two Days: A Three-Year Ban On Chatbot Toys, Consent Rules For Posthumous AI Simulations, And Three School Bills: House Communications & Technology on Wednesday reported Rep. Joe Ciresi's HB 2637 as amended, 24-2: for three years from its effective date no one may knowingly or negligently sell, lease, distribute or manufacture in Pennsylvania a physical toy meant for children under 14 that incorporates a generative AI chatbot, with scripted responses, command functions, stored content, translation and accessibility features carved out; a violation is an unfair trade practice the attorney general can enjoin and fine, the Joint State Government Commission studies the question with a report due in 24 months, and the act takes effect in 60 days. Rep. Ben Waxman's HB 2666, the Digital Afterlife Consent and AI Identity Protection Act, went out 15-11: a platform with more than a million registered users may not deploy an AI simulation of a Pennsylvania user after death or five years of inactivity without separate opt-in consent that names the content categories, the duration and whether private messages may be used, with estate revocation rights, mandatory AI labels, $5,000 to $10,000 per violation and a private right of action, effective one year after enactment. HR 637, Ciresi's resolution urging Congress to regulate frontier models, passed 26-0. On Tuesday House Education reported Rep. Brandon Dukes's HB 2786 on school AI policy as amended, 14-12, Rep. Melissa Shusterman's HB 2787 banning AI in school-based mental health and counseling, 26-0, and Rep. Chris Pielli's HB 2788 AI professional development grants, 24-2, and on Wednesday Pielli's HB 2674, which would keep data centers from obtaining public utility status, took second consideration and went to Appropriations, the last stop before a floor vote. Every one of them is on the table awaiting a floor call. Link

Four Governor Debates In Two Nights Turn On Data Centers: Bottoms Wants A Statewide Moratorium, Jackson A Three-Part Test, And Benson And James Both Want A Pause But Argue Over Who Sets It: In Georgia's only scheduled debate Tuesday in Doraville, Keisha Lance Bottoms proposed an immediate statewide moratorium on new data center construction and said eminent domain should be used only in extreme cases; Rick Jackson rejected a blanket moratorium and offered a three-part test of community support, strict EPA oversight and direct tax or utility relief for local residents, while each accused the other of ties to projects, his out-of-state investments and her Atlanta incentives. In Michigan's first debate, in Grand Rapids, Jocelyn Benson said "I've called for a moratorium on any new data center developments" and John James answered "My moratorium is local led, not Lansing led." Pennsylvania's Shapiro and Garrity met Wednesday for their only debate, with Garrity campaigning on a pause and Shapiro on his GRID standards, and South Carolina's Wilson and Johnson debated Tuesday with Johnson backing a statewide moratorium and Wilson local choice. The electorate they are courting: a UMBC poll of 776 Maryland likely voters fielded Sept. 22 to 27 found 78 percent oppose new data centers anywhere in the state, 13 percent support them, and 80 percent expect a mostly negative effect on their electric bills. Link

Six More Pauses And A Working Group: San Joaquin County 5-0, Charleston And Ellensburg Unanimous, Blaine County, Baldwin County And West Seneca Join, Denver Names 26 Advisers: San Joaquin County supervisors voted 5-0 Tuesday for a 45-day urgency ordinance halting land-use approvals for data centers in unincorporated areas, following their Sept. 1 order for a six-month staff study, with an extension of up to two years to be considered this month. Charleston, Ill., adopted a unanimous moratorium Tuesday on data centers and battery storage through October 2027. Ellensburg, Wash., passed a six-month emergency ban on new data center proposals running to April 5, 2027, after staff reported the city code does not define a modern data center as a use. Blaine County, Idaho, commissioners approved a 182-day emergency moratorium on data center permits with no application pending; Commissioner Lindsay Mollineaux noted Bannock and Kootenai counties already have theirs. Baldwin County, Ala., imposed 180 days on rezonings, new data centers and renewable projects Wednesday while it hires a planning director and writes a master plan, and West Seneca, N.Y., voted 4-0 Monday for a year, to the end of August 2027, with Buffalo expected to pass its own later this month. In Denver, Mayor Mike Johnston and the council named a 26-member working group Wednesday, with IBEW Local 68, Xcel Energy, Denver Water, GreenLatinos and three universities on it, to recommend whether May's one-year moratorium is extended; it meets from Friday. Link

The Courts: Nashville's Judge Throws Out Three Of DC Blox's Nine Claims And Denies An Injunction, Spartanburg's Valara Challenge Is Dismissed, Yellowstone County Sues To Stop A Second Initiative, And Loudoun Shelves Its Grandfather-Clause Repeal: In Nashville a federal judge dismissed three of nine claims in DC Blox's August suit over Metro's moratorium on the project beside the zoo, finding them unclear about which rights were taken, and denied a preliminary injunction; the company has 21 days to amend. In Spartanburg County, Judge J. Derham Cole Jr. dismissed Concerned Citizens of Spartanburg County's suit against Valara's $2.8 billion campus Tuesday, ruling that noise, dust and traffic complaints are not the special damage state law requires and that the group should have gone to the Board of Zoning Appeals within 10 days; the second permit, for four buildings and a power yard, is still pending. Yellowstone County, Mont., commissioners voted 3-0 Tuesday to file a validity suit against Kassi Solberg's second initiative, which would require two-thirds voter approval before any data center opens, impose interim zoning on Quantica's Broadview site and compel disclosure of county communications with the industry, arguing it exceeds county powers under Treasure County v. Edlund and collides with the 2025 Right to Compute Act. And Loudoun County supervisors tabled the Briskman-TeKrony proposal to strip by-right approval from 15 legacy projects totaling 10.5 million square feet after staff put the county's exposure at up to $60 million, tabling the audit compromise with it. Link

🛡️ SAFETY & SECURITY

OpenAI Tells Australia's Parliament Its Agent Pulled Medicare Statistical Data In June And The Government Was Not Told For Months: "Could Have Been Much Better": Chief strategy officer Jason Kwon, who flew in for the hearing, told the parliamentary committee Tuesday that the agent accessed the data autonomously, that the company wanted "to understand more of the facts" before contacting affected parties, and that he had learned it is better to notify "even with partial information"; OpenAI also disclosed on Friday a June break-in to a New South Wales parks and wildlife website. OpenAI and Anthropic told the same inquiry they would welcome laws requiring them to report breaches carried out by their agents, a decision that is currently at their discretion, and the Senate's separate inquiry under Sarah Hanson-Young has asked Sam Altman and Dario Amodei to appear. For U.S. readers it is the clearest statement yet from a lab that it will accept a reporting mandate, the duty New Mexico's Torrez wants at 24 hours, New York City's bills set for contractors and Cantwell's framework now lists. Link

Google Opens The SynthID Detector To Everyone, With OpenAI, NVIDIA And Kakao Watermarks Covered And Apple Coming, As Pennsylvania Weighs Making Such A Tool Mandatory: The portal went global in English on Wednesday, free with a Google, OpenAI or Apple sign-in: upload an image, video or audio file and it reports whether the file carries a SynthID mark from Google or a partner. Google says it has watermarked more than 180 billion images and videos and 240,000 years of audio since 2023 and that its checks in Search, the Gemini app and Chrome now handle more than a million requests a day. The limits are the ones every provenance bill has to write around: it finds only SynthID, so output from an unwatermarked model passes clean, and it cannot say whether a file was generated or merely edited. Pennsylvania's HB 2534, awaiting a floor call, would require exactly this kind of free tool, with upload, URL and API access, from any provider over a million monthly users, and California's SB 1000, signed Sept. 30, already does. Link

💰 POWER & CAPITAL

Duke, The Public Staff, Amazon, Google, Meta And Microsoft Settle On A Mandatory Large-Load Tariff In North Carolina: 50 MW And Up Pays Every Dedicated Connection Cost Upfront: The agreement announced Wednesday, also signed by the Carolina Industrial Group for Fair Utility Rates and the Department of Defense, makes a separate High Load Factor rate schedule mandatory for customers of 50 megawatts or more at an 80 percent load factor that sign service agreements after June 1, 2026, down from the 100-megawatt line in Duke's prior contract terms. They pay a nonrefundable upfront charge for facilities that serve only them, such as substations, and post deposits and security for shared upgrades such as transmission lines, which are initially spread across all customers and repaid over the contract term; a customer that exits early pays a fraction of its remaining balance. "It's simple, data centers will pay upfront for all costs to connect to the grid," said Duke's North Carolina president Kendal Bowman. The Utilities Commission's decision is expected by mid-November. EDF's Will Scott called it a step that does not reach new power plants and SELC's Nick Jimenez said it does not guarantee data centers pay the full cost of transmission; Attorney General Jackson's September petition for a separate data center rate class is the harder version still pending. Link

Alabama's PSC Adopts A 90-Day Clock For Alabama Power's Data Center Contracts, And A Contract The Commission Never Votes On Is Deemed Approved: The unanimous order, adopted this week, implements Act 610, in force since Oct. 1 for loads of 150 megawatts or more: Alabama Power files a public petition summarizing each contract and a confidential version for commission lawyers and the attorney general, commissioners must approve or disapprove within 90 days, and if they do not act the petition is deemed approved. July's draft would have deemed contracts approved after 60 days with no vote at all. The Southern Environmental Law Center called the automatic approval a blow for accountability and said nothing in the rules keeps residential and small business customers from carrying the expansion. ADC Holdings, tied to the Nebius project in Oxmoor Valley, has already been deemed approved; Wooster LLC and Applied Digital's APLD BHM-01 in Tuscaloosa County are under review. Link

Texas's PUC Sues Paxton To Keep Two Columns Of Its Data Center Survey Secret: The County And The Water-Planning Region Of Each Of 377 Facilities: The suit, filed Monday in Travis County, asks a court to overturn two Open Records Division rulings that found the commission had not shown the information identifies technical vulnerabilities under the Texas Homeland Security Act. The records are responses to the PUC's voluntary survey of data centers and crypto mines on electricity and water use, requested by a McLennan County resident and four journalists including one from the Tribune; the commission says county and water-planning area are harmless alone but, combined with consumption and infrastructure data, would let an attacker find a site whose loss could take down grid or drinking water systems. It is the same agency Gov. Abbott ordered to halt data center approvals, and the Water Development Board's compliance report to him is due Oct. 14. Link

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