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Spring 2025 Unified Agenda Outlines New AI Export Control Framework
The Trump administration's first Unified Agenda – the semi-annual report outlining regulatory plans for federal agencies – provides the first detailed look at its artificial intelligence (AI) export control priorities, particularly after the Commerce Department's announced rescission on May 13, 2025, of the Biden-era AI Diffusion Rule.
Confirming this new direction, the Spring 2025 agenda proposes a replacement rule titled "Framework for Secure Sharing of Advanced AI Technology with Trusted U.S. Partners Worldwide." Its stated goal is to secure core U.S. AI technology and advanced integrated circuits (ICs) while promoting innovation among trusted partners. According to the rule's abstract, the administration views these controls as "critical for preventing or limiting the further development of weapons of mass destruction, advanced weapons systems, and high-tech surveillance applications that threaten U.S. national security."
State AI Regulations Update
Colorado AI Act Implementation Delayed
On August 28, 2025, Governor Jared Polis signed Senate Bill 25B-004, the "Increase Transparency for Algorithmic Systems Act," which amends Senate Bill 24-205 (the original Colorado Artificial Intelligence Act) to push the principal operative dates back five months—from February 1, 2026 to June 30, 2026. This short bill does not otherwise alter the substance of Colorado's sweeping AI regime, but the new timetable is critically important for developers and deployers that are building compliance programs.
Earlier this year, the White House issued Executive Order 14281, "Restoring Equality of Opportunity and Meritocracy." The Order directs all federal agencies to abolish or deemphasize enforcement of "disparate-impact" liability in federal civil-rights laws and regulations. Because Colorado's Act is expressly built around preventing "algorithmic discrimination"—defined to include disparate impact—the two measures could create tension for companies that operate nationwide.
California Passes Amended Transparency in Frontier Artificial Intelligence Act
On September 13, 2025, the California legislature passed SB 53, known as the Transparency in Frontier Artificial Intelligence Act (TFAIA), which will now await signature by Governor Newsom. The TFAIA (a version of which was previously rejected by the Governor) would establish a comprehensive regulatory framework for large developers of advanced artificial intelligence (AI) models, particularly those at the technological "frontier." If signed, large frontier AI developers—defined as those with significant annual revenues and who train models using massive computational resources— would be required to publish detailed safety frameworks, conduct and report risk assessments, and disclose critical safety incidents. The legislation also mandates the creation of CalCompute, a public cloud platform to support safe and equitable AI research, and institutes robust whistleblower protections for employees who report catastrophic risks or violations related to AI development.
Key Changes from Previous Versions
The final version of SB 53 reflects several notable changes from earlier versions. In particular, the scope of reporting and transparency requirements has been clarified and expanded, including new and more specific definitions of "catastrophic risk," "critical safety incident," and "frontier model." The law now requires large frontier developers to transmit summaries of catastrophic risk assessments to the Office of Emergency Services, rather than just publishing them online. Whistleblower protections would be strengthened, with explicit provisions for anonymous internal reporting and anti-retaliation measures. Additionally, the bill would preempt certain local regulations on frontier AI risk management adopted after January 1, 2025, ensuring statewide consistency. The legislation would also introduce a flexible civil penalty system, with fines of up to $1 million depending upon the severity of the violation and clarifies that certain sensitive reports are exempt from public records disclosure to protect trade secrets and public safety. These changes collectively aim to balance innovation with public safety, transparency, and accountability in the rapidly evolving field of AI.
UK Government Unveils Ambitious Compute Roadmap to Bolster AI and National Infrastructure
Sarah Dodson, Rich Harper, Margaret Welsh
On July 17, 2025, the UK government launched its groundbreaking Compute Roadmap, a ten-point plan aimed at transforming the country's compute infrastructure. This initiative underscores the government's commitment to fostering innovation, economic growth, and national resilience in the age of artificial intelligence (AI).
The roadmap is a response to the rapid growth in demand for compute power, driven by the increasing complexity of AI models and their adoption across various sectors. Compute is now recognized as a key enabler of scientific advancement, industrial competitiveness, and national security.
Quick Links
For additional insights on AI, check out Baker Botts' thought leadership in this area:
- AI Counsel Code: In the latest episode, "Data in AI Development with Nicole Spence," Maggie Welsh speaks with Nicole Spence, Brand Counsel for Generative AI Tools at IBM. They discuss data concerns, including the critical importance of data privacy, data quality, and bias mitigation. The discussion also highlights current and emerging legal frameworks around intellectual property rights.
- CJEU Clarifies Requirements and Definition of Pseudonymisation: Senior Associate Nick Palmieri breaks down the decision and implications for GDPR pseudonymisation.
- European General Court Confirms Validity of the EU–U.S. Data Privacy Framework: In our latest client alert, we review the Court's analysis, practical implications and next steps.
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