California’s AI Contradiction – R Street Institute

Gov. Gavin Newsom vetoed California’s SB 1047 for lacking an empirical and science-based analytical foundation to avoid regulating AI without considering risk contexts.
Eighteen months later, Newsom signed EO N-5-26, requiring AI vendors to attest to ill-defined policies without empirical basis, mirroring the approach he criticized in the SB 1047 veto.
EO N-5-26 imposes broad standards without context, thresholds, compliance benchmarks, or appeals processes, giving unchecked discretion to state officials.
While SB 1047 went through a political accountability process, EO N-5-26 bypasses public deliberation and could potentially be justified on procedural grounds.
Section 2 of EO N-5-26 allows state officials to challenge federal supply-chain risk designations, undermining national security and lacking clear criteria.
The EO’s ambiguous standards point to a policy failure by not standing on solid empirical grounds despite Newsom’s stated preferences, potentially driven more by partisanship than rational regulation.

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