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0 tracked cards Political and Public International Law

Congress passes the National AI Safety Act, authorizing the Secretary of Science and Technology to issue implementing regulations, including definitions of 'critical AI system' and guidelines for risk assessment and incident reporting. Administrative Order S&T-AI-2029 defines 'critical AI system' as any AI system with at least 1 million daily user interactions and mandates annual risk assessments and incident reporting, with penalties for noncompliance. Several tech firms challenge the Order on the ground that it impermissibly delegates essential policy-making to the Executive and lacks intelligible standards. Which of the following is the best assessment of the validity of Administrative Order S&T-AI-2029 under the non-delegation doctrine?

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Invalid; there are no objective standards beyond vague references to 'risk assessment,' rendering the delegation unconstitutional. Valid; the statute provides intelligible standards by defining 'critical AI system' and requiring risk assessments and incident reporting, giving the Secretary a framework to regulate. Valid; the executive branch may regulate rapidly evolving technologies as long as the policy direction is clear and there is adequate supervision. Valid only if the implementing regulations remain within procedural bounds and do not create new penalties or obligations beyond those explicitly authorized in the Act.

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