Hot take on today’s AI framework: these issues are so complex that even a pro-AI administration is deferring the hardest calls to Congress and the courts.
This framework signals momentum and kudos to those who did such important work on it. But it still leaves open some thorny questions:
-Federal preemption sounds clean, but could the undefined “traditional state police powers” carveout swallow it whole?
-LLM copyright? Handed to the courts—leaving massive, open-ended risk on both liability and damages. SCOTUS likely won't take up the issue until there's a circuit split which will take many years. Meanwhile the race is on to file in district courts, as happened again in San Jose just this week (BMG case).
Translation: clarity on paper, uncertainty in practice.