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Agencies
A proposed policy statement calls undisclosed output steering — including to comply with Colorado's AI Act — deceptive, and says such state laws are impliedly preempted.
By Augusto Ferreira, Federal agencies · Jul 11, 2026 · Agencies
Why it matters: The FTC is trying to convert a Trump executive order into a doctrine that neutralizes state AI bias laws without Congress ever weighing in.
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The Federal Trade Commission's July 7 proposed policy statement warns that secretly steering AI outputs toward undisclosed objectives violates Section 5 — and argues federal consumer-protection law impliedly preempts conflicting state AI laws.
By Augusto Ferreira, Federal agencies · Jul 10, 2026 · Agencies
Why it matters: The FTC is turning Section 5 deception doctrine into a preemption weapon against state AI laws — starting with Colorado — before any court has weighed in.
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A 2-0 commission vote on July 1 opened public comment on a policy statement warning that steering chatbot outputs to undisclosed ideological ends is deceptive under Section 5 — and signaling Colorado's AI Act is impliedly preempted.
By Augusto Ferreira, Federal agencies · Jul 5, 2026 · Agencies
Why it matters: The FTC is drawing a direct line from state AI anti-discrimination laws to federal deception liability, giving developers a federal reason to ignore Colorado — and a template for preempting the state patchwork.
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A proposed July 1 policy statement argues AI companies steering models toward undisclosed objectives may violate Section 5 — and that Colorado's AI Act is impliedly preempted.
By Augusto Ferreira, Federal agencies · Jul 4, 2026 · Agencies
Why it matters: The FTC is asserting Section 5 authority over how AI models are tuned, and using it as a vehicle to knock out state AI bias laws — starting with Colorado's — before they take hold.
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Commerce gated OpenAI's GPT-5.6 launch and partially restored Anthropic's Mythos 5 on the same day, both routed through government-approved customer lists.
By Augusto Ferreira, Federal agencies · Jun 27, 2026 · Agencies
Why it matters: Without a formal rule on the books, Commerce is now picking which customers can touch America's most capable AI models — a de facto pre-clearance regime built on letters and phone calls.
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A unanimous June 18 vote issued Section 206 show-cause orders to PJM, MISO, SPP, CAISO, ISO-NE, and NYISO, giving each 60 days to justify or reform large-load rules.
By Augusto Ferreira, Federal agencies · Jun 24, 2026 · Agencies
Why it matters: FERC bypassed a multi-year rulemaking and used show-cause orders to force region-specific large-load reforms across grids serving 200 million Americans — a faster, more litigation-resistant path than the uniform national standard DOE had wanted.
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Negotiators are working to lift a first-of-its-kind export-control directive that forced Anthropic to shut Fable 5 and Mythos 5 worldwide.
By Augusto Ferreira, Federal agencies · Jun 22, 2026 · Agencies
Why it matters: Commerce has invoked the 2018 Export Control Reform Act against a commercial AI API for the first time, asserting de facto kill-switch authority over deployed frontier models.
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Binding Operational Directive 26-04, released June 10, rewrites federal patching rules around a four-factor risk matrix and is the first CISA mandate to formally hardwire AI threat logic into vulnerability law.
By Augusto Ferreira, Federal agencies · Jun 12, 2026 · Agencies
Why it matters: CISA is conceding that attacker tooling now scales faster than human patching — and is redesigning federal remediation deadlines around that reality.
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Three firms agree to pay $930,000 to settle charges they falsely claimed an AI-powered service could target localized ads based on conversations captured from smart devices.
By Augusto Ferreira, Federal agencies · May 21, 2026 · Agencies
Why it matters: Operation AI Comply, the FTC's enforcement vehicle for deceptive AI claims, continues under the Trump administration. The Cox Media settlement signals the FTC will keep pursuing deception cases even where the underlying AI claim is improbable on its face.
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