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FollowingDay 16in the edition since 19 Oct 202613 sourcesupdated 2 Nov 2026

Anthropic's leaked draft AI bill

The gist

Latest: Anthropic's AEGIS Act Draft Draws Broad Criticism for Weakening AI Oversight

The AEGIS Act controversy centers on whether Anthropic's proposed federal bill would weaken, rather than strengthen, the government's ability to block dangerous AI models, while simultaneously preempting stronger state-level protections. The bill's provisions sit in direct tension with Anthropic's own published safety framework, raising questions about how the company weighs regulatory constraint against commercial interest.

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The full picture

Anthropic circulated a draft federal AI bill called the AEGIS Act to a small number of congressional offices. The bill would allow the Commerce Department to petition a federal court to block a model release only if it poses a foreseeable, imminent risk of more than $1 billion in damages or more than 50 deaths, with qualifying risks limited to biological weapons, cyberattacks, or a model escaping developer control. Critics including Nathan Calvin argued the bill likely makes it harder than under existing law for courts to restrict frontier models, because courts must weigh harms to developers with no corresponding requirement to weigh harms from not blocking a model. The bill's preemption clause would override state AI safety regulations including California's SB 53, New York's RAISE Act, and Illinois' SB 315, while carving out child safety, consumer protection, and civil rights laws. The draft would also permit AI developers to choose and compensate their own independent evaluators, raising conflict-of-interest concerns. Mowshowitz argued auditors would compete to offer the least burdensome reviews at the lowest price. The Washington Post reported the leaked draft differs from the FAA-style regulatory model Amodei had publicly proposed in summer 2026: under the Anthropic framework, the labs themselves write the standards they must comply with. Anthropic's own published Advanced AI Framework states that self-assessment is not enough and that Congress should not preempt state law unless a federal regime meets or exceeds the framework's strongest measures, a standard Calvin argued the AEGIS Act fails. Anthropic's federal affairs head acknowledged the preemption language was not precise enough and said it would be revised, and said the company intended to publish evaluator framework standards separately, but neither had been released as of late October 2026. Amodei issued a detailed public rebuttal conceding that three items from Calvin's list were communication failures or the result of fast-changing circumstances not propagating between teams, and accepted personal responsibility as CEO. He defended the race to the top strategy and listed nine commercially costly pro-safety actions. Calvin maintained that Anthropic, when push comes to shove, often works to keep governments from tying its hands and cares more about preventing government overreach than about reducing the risk that it and other AI companies will destroy the world. Kasten challenged whether the missteps were mere communication failures, asking what structural changes Anthropic is making to prevent its government affairs team from getting out of sync with its technical staff. Soares of MIRI agreed with critics that Anthropic is not living up to the burden of researching recursively self-improving AI. Critics also noted that in 2022 Amodei explicitly said Anthropic should not be racing ahead, and argued his current framing of the race to the top as always having been the strategy is a retroactive rewrite. Anthropic also wrote to California Governor Gavin Newsom supporting court authority to block risky AI models, kill switches, and embedded safety auditors. Warner, Schatz, and Kim introduced S. 5576 on September 29, 2026, establishing a federal Artificial Intelligence Safety Board with enforceable safety requirements as an alternative. Sacks accused AI companies including Anthropic of using safety concerns to avoid antitrust scrutiny and form an industry cartel. A Semafor poll found voters in key states support AI safety measures, a finding Miles Brundage described as surprising.

How it developed
2 November 2026

Mowshowitz publishes critique of Scott Alexander's Against SURA, contesting arguments against unilateral AI development stoppage

30 October 2026

The Washington Post reported that Anthropic's AEGIS Act draft departs from the FAA-style regulatory model Amodei proposed in summer 2026, and that the bill would let labs write their own compliance standards.

Kelsey Piper argued Anthropic is internally divided, with its policy team described as having gone rogue and hard structural constraints progressively replaced by reliance on leadership judgment. Nate Soares of MIRI agreed Anthropic is not meeting its stated burden on recursively self-improving AI research. Revised preemption language remained unpublished.

added 31 Oct

Amid criticism of its AEGIS Act draft, which would limit federal courts from blocking AI models except in narrow cases and let labs write their own compliance standards, Anthropic wrote to California Governor Gavin Newsom backing court authority to block risky AI models, kill switches, and embedded safety auditors.

AI safety groups also urged Newsom to call a special legislative session on AI before leaving office, citing his potential 2028 presidential campaign.

First citedTransformer News
29 October 2026

Miles Brundage highlighted a Semafor poll finding that voters in key states support AI safety measures.

28 October 2026in the 29 Oct edition

Dean Ball wrote on October 28 that states now appear poised to pass meaningfully different AI laws imposing obligations on frontier AI developers, with federal inaction driving the divergence.

The piece adds weight to a central dispute over the AEGIS Act, a draft federal AI bill Anthropic has been circulating, whose preemption clause overrides state AI safety requirements in California, New York, and Illinois: critics have argued the bill strips states of safety authority while providing a weaker federal replacement.

27 October 2026added 28 Oct

After Amodei listed nine costly pro-safety decisions and accepted three points as communication failures in the AEGIS Act debate, critics held their positions: Calvin maintained Anthropic systematically prevents governments from constraining it, Kelsey Piper argued the sacrifices reflect Amodei's personal convictions rather than institutional governance, and commentators surfaced a 2022 Amodei statement that the company should not be racing ahead, contradicting his current claim.

The FTC separately demanded testimony from Anthropic executives.

26 October 2026

TechTimes detailed AEGIS Act provisions allowing developer-selected auditors and preempting California, New York, and Illinois state laws.

25 October 2026

On October 25, 1,324 employees of frontier AI companies asked the US government to support international tools to deliberately pace frontier AI development, stopping short of calling for an immediate pause.

Brendan McCord argued effective pacing would require illiberal enforcement mechanisms, while Samuel Hammond countered that models already breaking encryption and executing multi-step exploits make it a necessary response. Bill Gates separately proposed that open-weight models capable of sophisticated cyberattacks should run only on government-certified platforms, with developers free to use and customize them within certified environments.

23 October 2026

The FTC issued civil investigative demands to Anthropic and OpenAI, adding regulatory enforcement to a fight that began when a bill Anthropic was circulating to Congress leaked and drew criticism for a high threshold on blocking dangerous models.

Reuters reported OpenAI president Greg Brockman and his wife donated $25 million to a group opposing AI regulation in more than 48 congressional races, while OpenAI separately asked California to strengthen its SB 53 AI safety bill. Meta withdrew roughly $25 million from its planned AI political spending.

in the 24 Oct edition

Anthropic's federal affairs team said on October 23 the company is 'still working to strengthen the framework' after its draft federal AI safety bill leaked and drew criticism for setting a threshold of more than 50 deaths or $1 billion in damages before a court could restrict a model.

Calvin publicly questioned whether Anthropic is primarily an AI safety organization or a company racing to build superintelligence first, and no formal revision or disavowal of the draft has been issued.

First citedTransformer News
22 October 2026

Mowshowitz assessed Amodei's response as better than the initial one but said the controversy remained unresolved.

21 October 2026

Anthropic CEO Dario Amodei publicly admitted the company's circulated draft federal AI safety bill was among three recent moves that were carelessly written or poorly communicated, accepting responsibility as CEO.

He listed nine commercially costly pro-safety decisions, including strict biological safeguards and restricting sales to PRC-controlled companies, and defended Anthropic's continued acceleration as core to a strategy of raising industry-wide safety standards by remaining at the frontier.

20 October 2026in the 22 Oct edition

Anthropic's head of federal affairs Anthony Cimino issued a public defense framing the circulated draft bill as a translation of the company's existing safety framework, not a final proposal.

Mowshowitz rejected that framing, writing the bill is 'clearly sculpted to optimize for Anthropic business interests' and that 'Anthropic is not living up to its own ideals,' calling for its formal disavowal. Calvin argued Anthropic's actions, including RSP V3 and compute deals, are most consistent with prioritizing the AI race over safety.

First citedThe Neuron
19 October 2026added 20 Oct

After critics wrote that Anthropic's AI safety legislation would make it harder for courts to halt dangerous models than existing law allows, the company's head of federal affairs acknowledged the preemption language was 'not precise enough' and committed to revising it.

Democratic Senators Warner, Schatz, and Kim separately introduced the Artificial Intelligence Risk Management and Security Act of 2026 on September 29, which would establish a federal AI Safety Board. Nvidia CEO Jensen Huang also said he would not sell GPUs to AI labs he considers irresponsible.

First in the edition · 19 October 2026
18 October 2026in the 19 Oct edition

Politico reporting corroborated that Anthropic's draft AI safety bill would confine halt orders to a single federal court in Washington D.C. and require evaluators to register with the Commerce Department.

Anthropic frames the bill as enabling oversight while mandating transparency. A UK parliamentary committee heard witnesses warn of a 50/50 chance AI could destroy humanity, but multiple MPs checked phones or left early, with the author contrasting this with American legislators described as more engaged on AI existential risk.

17 October 2026added 18 Oct

Safety advocates criticized on October 17 a leaked draft AI bill Anthropic is reportedly lobbying lawmakers to adopt, saying it is weaker than the FRONTIER Act on rulemaking and emergency shutdown.

The bill would block states from enjoining AI deployments even to prevent imminent catastrophic harm, setting the federal intervention bar at proof of imminent risk of killing more than 50 people or causing $1 billion in damage. David Sacks also accused Anthropic of using safety concerns to avoid antitrust scrutiny; Anthropic disputed that.

14 October 2026

Anthropic's international chief Guillaume Princen argued at the International AI Summit in Dublin that open-weight models carry more safety risk by definition.

13 October 2026

MilkRoadAI reports 45 AI models released in September 2026, described as the highest monthly total on record

12 October 2026

Dean Ball argues law-following alone is insufficient as an AI alignment framework

11 October 2026

Alignment Forum post proposes labs be prohibited from training a more capable model generation until current-generation alignment issues are resolved

4 October 2026

Sacks and others compared Anthropic's lobbying to SBF's crypto regulatory strategy

Sources
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