California’s SB-1386 revolutionized data breach notifications globally, proving that state-level regulation can drive widespread change even without federal action. I was on the front-lines in Silicon Valley detecting and preventing breaches in 2003 and remember a positive sea-change after California passed a law, like it was yesterday. In this light, OpenAI’s opposition to California’s proposed AI regulation SB-1047 (Safe and Secure Innovation for Frontier Artificial Intelligence Models Act) appears shortsighted and out of touch with very important recent historical precedent.

While OpenAI cites concerns about innovation and talent retention, these arguments echo past objections to groundbreaking regulations that have since become industry standards without problem. Their hollow-sounding stance seems more like an attempt to avoid oversight rather than a genuine concern for progress.

Conversely, Anthropic’s evolving, more receptive approach to the revised bill demonstrates a nuanced understanding of regulatory dynamics and the potential for well-crafted legislation to foster responsible innovation.

Importantly, technologies like W3C’s Solid project (solidproject.org) already offer innovative solutions that could help AI companies meet the proposed bill’s requirements. Solid’s decentralized data architecture provides users with unprecedented control over their data, enabling easy opt-out mechanisms, transparent data usage tracking, and even simplified implementation of “kill switches” for AI systems.

OpenAI’s failure to recognize or advocate for such existing technological solutions further underscores their misalignment with forward-thinking approaches to AI governance. By embracing rather than resisting thoughtful regulation and leveraging innovative technologies like Solid, companies can position themselves at the forefront of responsible AI development.

In essence, Anthropic’s engagement with regulators and openness to adaptive solutions aligns with the historical pattern of California’s regulatory leadership driving positive industry-wide change. Meanwhile, OpenAI risks finding itself on the wrong side of history, missing an opportunity to shape responsible AI practices that could become global standards.