Welcome back to The Hidden Layer. I’m Ian Krietzberg.
Over the past couple
of days, I’ve been hearing conflicting views on the new cybersecurity executive order that Trump signed on Tuesday. A pro-regulation lobbyist told me that some A.I. insiders aren’t thrilled with the president’s request for “voluntary” predeployment vetting, which is “functionally a requirement.” But Asad Ramzanali, the director of A.I. policy at Vanderbilt, was just on the BBC saying that the original leaked order was weak and this one is even weaker. “If A.I. models are now powerful enough to create national security risks, why is this voluntary?” Ramzanali asked. Good question!
Still, there’s no doubt that the industry is back on defense. Tonight, we’re looking at the aftermath of a regulatory battle in Illinois, where OpenAI and its affiliated super PAC essentially gave up fighting legislation that the
company had previously opposed. Looks like the tide is turning…
Plus, news and notes on Martin Scorsese’s new A.I. partnership, Google’s U.K. regulatory headache, and the exact number of billions that flowed into A.I. companies last month.
Also mentioned in this issue: JB Pritzker, Sarah Cardell, Gavin Newsom, Sam Altman, Kathy Hochul, Michael Kleinman,
Scott Wisor, Jeremy Kudon, Greg Brockman, and more.
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Three Things You Should
Know…
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- Scorsese’s
new fellas: As my partner Matt Belloni reported last week, Hollywood is quietly softening its resistance to A.I. tools. The latest A-list name to cautiously embrace the tech is director Martin Scorsese, who is becoming an advisor to A.I. image- and video-generation startup Black Forest Labs. In a promotional
video, Scorsese described an imagined scene to the company’s founders, who then typed in a prompt that brought the filmmaker’s description to life. “There’s always been this problem of, how do you communicate what you see in your head to your cast and crew?” Scorsese said.
We’re still a long way from an A.I.-generated Goodfellas sequel. But as Scorsese said, tools like Black
Forest’s media-generation model are quickly being embraced by some creatives as a way to speed up the preproduction process without “sacrificing quality or craft.” It’s bad news for storyboard artists but good news for Black Forest, which raised $300 million at a $3.25 billion valuation in December.
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- New
search, new rules: On Wednesday, the U.K. imposed strict new requirements on Google, forcing the company to let publishers opt out of having their content used for model training. Sarah Cardell, who leads the country’s Competition and Markets Authority, said in a statement that “with features like
A.I. Overviews rapidly reshaping online search, it is crucial that content publishers have appropriate bargaining power over how their content is used.” Asked for comment, a Google spokesperson pointed me to a blog post in which the company announced that it was beginning to test features that let website owners “manage how their links and content
appear in generative A.I. search features.” Not exactly the same thing, but it’s a start.
- A record-setting month: According to Crunchbase data, May was the
second-highest funding month on record for A.I. companies, with $72 billion invested globally—representing 79 percent of all worldwide venture funding for the month. Not surprisingly, the bulk of the capital was attributable to Anthropic’s $50 billion Series H. The only larger funding month on record occurred in February, when the sector attracted around $185 billion in investments—$110 billion of which was piped directly into OpenAI. These two labs, with their roughly $1 trillion
valuations, may be headed for the public markets, but private capital euphoria for A.I. clearly hasn’t run its course. To wit: Suno, the A.I. music-generation startup, just secured $400 million in Series D funding at a $5.4 billion valuation—astronomical numbers that have nevertheless become kind of normal.
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Hallucination of the
Week: Maxxed Out!
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After blowing past its full-year A.I. token budget in just four months, Uber has reportedly
instituted a monthly token cap of $1,500 per employee, per agentic coding tool. Is the era of out-of-control tokenmaxxing coming to an end? And if so, what does that mean for Anthropic and its 80x surge in revenue? I guess we’ll find out when that S-1 arrives.
And now for the main event…
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With public opinion—and a slew of presidential hopefuls—beating back A.I.’s “no rules”
agenda, the lobbyist armies of Andreessen Horowitz and OpenAI are suddenly supporting safeguards they rejected just a year ago.
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On Wednesday, OpenAI C.E.O. Sam Altman was back in D.C., taking meetings with White House
officials and lawmakers of both parties. As usual, he was there to hype the industry’s safety policies and the rapid progression of frontier models, and to offer his wisdom on various cybersecurity challenges—all with the subtext of persuading Washington not to strangle his company in red tape.
In many ways, Altman was already too late. Just a day earlier, President Trump had signed an executive order requesting that A.I. models be submitted to the government for
prerelease vetting—a voluntary submittal, to be sure, but a new imposition nonetheless. Meanwhile, beyond the Beltway, a growing confederation of blue and red states has been loudly advancing regulations of their own.
The latest bureaucratic headache is Illinois’s SB 315, a landmark A.I. safety bill now awaiting the eager signature of Gov. JB Pritzker, the billionaire Democrat and almost certain 2028 presidential candidate. Indeed, while the Illinois bill was partly
modeled after similar legislation in California and New York, it goes further than either by requiring every frontier lab with more than $500 million in revenue to submit to annual, third-party audits of their A.I. safety plans. California and New York lawmakers had originally included similar provisions, but faced massive backlash from tech lobbyists. In the end, Govs. Gavin Newsom and Kathy Hochul signed updated versions that stripped out that pesky
requirement.
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A MESSAGE FROM OUR SPONSOR
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Powering the Energy of Every Day The electric grid is the backbone of
America’s economy. A new Concentric Energy Advisors report highlights how continued investment in reliability and resilience supports homes, schools, offices, and communities across our nation. Watch to learn how investor-owned electric companies are meeting
rising demand, maintaining reliability, and keeping customer bills as low as possible as we deliver the energy of every day for 250 million Americans.
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But the political ground has shifted massively in the six months since those two bills became law. SB 315 had
unusually broad, bipartisan support from 93 percent of Illinois’s Democrats, 87 percent of independents, and 88 percent of Republicans, according to the Secure A.I. Project, a nonprofit advocacy group. In the end, both OpenAI and Leading the Future—the pro-industry super PAC that fought the California and New York laws—decided to get on board rather than double down.
The industry has hardly given up on lobbying against regulation. But the strategic retreat did not go unnoticed by
insiders tracking the shifting political winds. “I do not think the super PACs are going to get a particularly good return on their investment,” Michael Kleinman, the head of U.S. policy at the Future of Life Institute, told me. “They have had over a year to create a narrative, and they have completely failed,” he said, noting there’s a limit to what money can do when majorities of both parties are skeptical of the industry. “It’s not that they’re powerless, but they are
fundamentally fighting a rearguard action.”
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For OpenAI, the about-face began in April, when the company
threw its public support behind a different Illinois bill, SB 3444, which would have established liability shields for A.I. companies in instances where their tech might cause “critical harms.” It was not exactly a popular position. Less than a month later, after heavy criticism, OpenAI
backtracked—testifying that the company did not, in fact, support liability shields and backing SB 315 instead. In its testimony, OpenAI specifically lauded the third-party audits that had once caused so much of its ire, noting that
audits can “play an important role in frontier A.I. governance.”
After 315 passed, OpenAI praised the “real bipartisan leadership” behind the bill and its “thoughtful framework for frontier A.I. safety.” The legislation, OpenAI said, demonstrated the “power of reverse federalism—where states lead the way toward establishing a national framework through complementary approaches.” Build American A.I., an arm of Leading the Future, also released a supportive
statement, though it noted “potential concerns” about the audit provision. While the group insisted that it believed in a “comprehensive federal framework,” it acknowledged that state legislatures were “helping shape an emerging national model for A.I. governance.”
Industry support for the Illinois bill was not universal. The American Innovators Network, an advocacy
group launched less than a year ago to ostensibly represent “little tech” on the political stage, called SB 315 “misguided.” (Curiously, Andreessen Horowitz is funding both Leading the Future and American Innovators Network—an attempt, perhaps, to hedge its bets.) Jeremy Kudon, the executive director of American Innovators Network, told me he’s concerned that too many overlapping, incongruent state laws will create an overly burdensome, inconsistent regulatory
“patchwork” that will be impossible for smaller companies to navigate. “What happens if we end up shutting out the next Google, the next YouTube, the next Netflix, because we’re rushing to listen to the two big players?” he said. What happens when a startup crosses the $500 million revenue threshold and suddenly has to “comply with audits that are probably going to be designed for Anthropic and OpenAI”?
Ideally, Kudon argued, “over the next 12 months, you get six to eight more states,
maybe 10, that adopt the California SB 53 model.” At that point, he suggested, you essentially end up with a bottom-up, de facto national standard for A.I. Alas, he said, Illinois’s legislators just had to go a little further than California and New York. Now, any company wanting to do business in America’s third-largest metropolitan market will have to comply.
Anyway, the divergence between Leading the Future and the American Innovators Network is just one of the early visible
cracks in the battle for A.I. policy influence. On June 1, OpenAI published a blog post in which it sought to distance itself from Leading the Future, which co-founder Greg Brockman and his wife (in addition to Andreessen Horowitz) have funded to the tune of tens of millions of dollars. “We want to be explicit: No outside political group speaks
for OpenAI or represents our company’s views,” the post said. Two days later, OpenAI acknowledged that there’s “real momentum right now for A.I. safety policy,” and issued a blueprint for frontier A.I. governance in which it called for transparency, declared it good and necessary for states to function as “laboratories of
democracy,” and said that independent, predeployment testing should become a requirement. That’s a pretty dramatic 180 compared to the company’s position even a year ago.
The lesson that Scott Wisor, a policy director at the Secure A.I. Project, has taken from the Illinois saga is simple. “There was a lot of money that came through the Illinois primaries from groups associated with tech companies. All of the legislators who cast a vote in favor of 315 knew that, and they
were not scared,” he said. “They looked around, saw the policy, saw the political dynamics, and voted unanimously in favor.” In short, tech money “didn’t change anyone’s mind on how they wanted to cast their vote.” And once tech lobbyists saw which way the wind was blowing, they acted as if they’d been allies all along.
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Between Newsom, Hochul, and now Pritzker, the Democratic Party appears to be coalescing around a poll-tested,
moderate-ish position on A.I.: implementing guardrails and encouraging innovation. And Republicans, at least so far, aren’t reflexively adopting the opposite position. While there are a few extreme voices on both sides—Sen. Bernie Sanders has called for a total shutdown on data center construction, and Steve Bannon has called A.I. “the most dangerous technology in the history of mankind”—most politicians are somewhere in the middle. And very few are
advocating for letting Silicon Valley run wild. “It’s a really untenable position for companies to just say, ‘No rules,’” Wisor said.
Of course, the policy and communications gurus working for these trillion-dollar companies aren’t idiots, either. As OpenAI’s Chris Lehane told me last month, “the moment” has
changed—and the hyperscalers need to be active participants in the political conversation. Wisor offered a blunter characterization of this pivot: “Public opinion, concern about your users, concern about your enterprise users and what they’re going to think of you as a company, concern about what your employees are going to think about you as a company—I think it’s all driving the public policy teams at these companies to reevaluate.”
Kleinman, for his part, sees these pivots and
policy divergences between industry groups as simply a product of losing. “It’s hard to maintain a coalition when you’re getting beaten back, and so they’re starting to splinter,” he said. “If they were winning, they would all be singing from the same hymn sheet.”
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That’s all for today. I’ll see you next week.
Ian
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