This episode of the Cyberlaw Podcast begins with the administration's aggressive new rules on chip exports to China. Practically every aspect of the rules it announced just eight months ago was sharply tightened, Nate Jones reports. The changes are so severe, I suggest, that they make the original rules look like a failure that had to be overhauled to work.
Much the same could be said about the Biden administration's plan for an executive order on AI regulation that Chessie Lockhart thinks will focus on government purchases. As a symbolic expression of best AI practice, procurement-focused rules make symbolic sense. But given the current government market for AI, it's hard to see them having much bite. So look for more in the way of teeth down the road as the regulatory process again fails forward.
If it's regulatory bite you want, Nate says, the EU has now sketched out what appears to be version 3.0 of its AI Act. It doesn't look all that much like Versions 1.0 or 2.0, but it's sure to take the world by storm, fans of the Brussels Effect tell us. I note that the new version includes plans for fee-driven enforcement and suggest that the scope of the rules is already being tailored to ensure fee revenue from popular but not especially risky AI models.
