Today, Anthropic released its Advanced AI Framework (link in next post). I wanted to offer my take on the document, as a lot of people and several reporters have asked for my assessment.
In sum, on the questions that matter most to ARI, Anthropic made the right calls and pushed the debate forward productively. Let me walk through what we see as necessary parts of a frontier AI regulation and compare to the Anthropic plan.
Safety plans need to be evaluated by an independent entity, which could be an IVO but could also (more likely in at least the early days) be the government itself. This is in the Anthropic plan. ✅
The review by the independent entity must be more than a compliance exercise that just checks if the test the lab wrote and graded was in fact written and graded; it must be an independent substantive assessment of safety. This is in the Anthropic plan. ✅
The government must have the ability to prevent release of dangerous models. This is in the Anthropic plan. ✅
The government must have the ability to recall models whose dangerous capabilities are revealed only after deployment. This is Anthropic's plan. ✅
And very significantly, the preemption language offered up by Anthropic for consideratoin explicitly limits federal displacement to the specific frontier governance functions Congress has chosen to occupy — catastrophic risk testing, evaluator licensing, closely related reporting. Outside those functions, federal law cannot occupy the field, cannot preempt by implication, and cannot displace state statutory or common-law claims. States keep their authority over civil rights, child safety, labor, consumer protection, and tort law. Ambiguity is resolved in favor of state authority, not federal displacement. ✅
Just as importantly, the framework says that federal compliance does not create immunity, a safe harbor, or a presumption against liability under state law. That one sentence closes a door that opponents of accountability have been trying to open for years. ✅
I'm often asked, "What kind of preemption language would you ever support at ARI?" The language that is in the Anthropic proposal is what we like if preemption is insisted upon: narrow in fact, clear about limits, comprehensive in its instructions to courts about what is still permissible at the state level (basically everything from child safety to labor issues to CSAM screening to training data transparency and more) except the specified regulation of cyber, bio, loss of control for a few models). This is the kind of preemption language that should be in, say, the Trahan-Obernolte bill or any other frontier AI law, if any state laws are to be preempted. I hope Congress takes note.
The plan has more about cybersecurity and biosecurity, which I'll comment more on later. But wanted to offer this quick take on how I evaluate the safety provisions and the preemption language.