Anthropic's safety bill would let the US block an AI model if there's imminent risk of 50-plus deaths
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- Anthropic is looking to shape AI regulation by pitching an AI safety bill of its own.
- POLITICO obtained a confidential draft of the proposed legislation.
- The bill would let the government block an AI model only if it poses a foreseeable, imminent risk of more than $1 billion in damages, or of killing or seriously injuring more than 50 people.
Representatives for the artificial intelligence giant Anthropic have quietly pitched Capitol Hill lawmakers on a draft bill to regulate frontier AI safety and security, according to three people with knowledge of the efforts who were granted anonymity to discuss private deliberations.
The confidential draft, obtained by POLITICO and not previously reported, marks a notable effort by the frontier AI lab to shape the rules governing its own technology as Congress weighs how to respond to the fast-moving industry.
"This bill represents the proposals outlined in Anthropic's Advanced AI Framework, which we have been advocating for with federal and state lawmakers since June," an Anthropic spokesperson said. "These are sensible policies we believe Congress should act on."
The bill would let the government block a model's release or use only if it poses a foreseeable, imminent risk of more than $1 billion in damages, or of killing or seriously injuring more than 50 people. The risk must stem from the creation or release of a biological weapon, the model evading its developer's controls or a cyberattack. The language mirrors that found in California's AI laws including SB 53, which was signed into law last year.
Leading AI labs disclosed a series of incidents this summer, in which AI agents hacked or probed websites and platforms. None reported so far appear to have caused widespread deaths or over $1 billion in damages.
Anthropic has yet to publicly back particular legislative efforts in Congress, but they have backed some state AI safety laws, including two in California. Their head of U.S. state and local government relations previously told POLITICO that they hope states will continue to pass ever-stronger AI safety laws that raise the standard nationwide.
Under the bill, independent evaluators, which would register with the Commerce Department, would be tasked with periodically evaluating the lab and its frontier models. The evaluators may be paid for their work by the lab itself so long as the payment is not contingent on the evaluations' results.
If the evaluators determine there is "imminent enumerated risk" for a company's frontier models, they must report it to Commerce within 72 hours of completing their assessment.
While the Commerce Department could bring a request to the judge to halt the release of a model after determining that it poses a risk, the language explicitly prohibits any other U.S. "department, agency, or officer" from suspending the model's development, deployment or internal use. A federal judge for the District Court for the District of Columbia could order the suspension of a model.
Over the summer, Anthropic was subject to sweeping export controls that shut down two of its most advanced models. The decision was made in a whirlwind series of phone calls between administration officials and the company's executives, worrying some in the tech industry that access to their technology may be restricted on the whims of government officials.
Anthropic's bill would also preempt some state AI laws related to public disclosure of risk, third-party evaluation and reporting of critical incidents. Preemption has been a political flashpoint on Capitol Hill, with Democrats rejecting some proposals they feared would neuter regulations passed by the likes of California, Illinois and New York.
Many tech industry groups have argued that a state-by-state patchwork of laws is difficult to comply with compared to a unified national standard.
The legislation would also require frontier labs to create safety frameworks, publish transparency reports for new frontier models, implement protections for whistleblowers and report critical safety incidents to Commerce.
Capitol Hill has seen a flurry of activity on AI safety legislation this summer. In the House, Reps. Lori Trahan (D-Mass.) and Jay Obernolte (R-Calif.) spearheaded the FRONTIER Act, which would give the government the ability to stop the deployment of risky models and preempt some state AI laws.
In the Senate, Majority Leader John Thune and Sens. Amy Klobuchar (D-Minn.) and Ted Cruz (R-Texas) have been negotiating an AI safety bill intended to mitigate catastrophic risks. But it has faced headwinds from some safety-minded groups and Sen. Maria Cantwell (D-Wash.), the top Democrat on Cruz's Commerce Committee, who want the government to have a larger role in reviewing AI models.
Other progressives, including Rep. Greg Casar (D-Texas) and Sen. Bernie Sanders (I-Vt.), have gone well beyond their colleagues in calling for a pause in advanced AI development and a ban on superintelligence, a type of theoretical AI that far surpasses humans' cognitive capabilities.
This story originally appeared on POLITICO and is courtesy of the Axel Springer Global Reporters Network, which harnesses the resources of the company's newsrooms to publish ambitious scoops, investigations, interviews, opinion pieces, and analysis. It allows journalists — including those from POLITICO, Business Insider, WELT, BILD, Onet, and Fakt — to collaborate on major stories for an international audience of hundreds of millions across platforms.
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