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Public Policy & Governance

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Top Line

The European Parliament has adopted the AI Omnibus, amending the EU AI Act with provisions that CDT and other civil society groups argue materially weaken fundamental rights protections — a significant legislative fait accompli with immediate implementation consequences.

France's prime minister has confirmed the domestic intelligence service will replace Palantir's AI tools with French provider ChapsVision, marking the first concrete government divestment from a US AI vendor on strategic autonomy grounds.

Rep. Josh Gottheimer (D-NJ) is preparing legislation mandating government risk reviews for advanced AI models covering national security, critical infrastructure, and bioterror threats — a direct legislative response to the Anthropic Fable export-control episode.

A broad civil society coalition led by CDT and EFF is formally opposing the NO FAKES Act before the Senate Judiciary Committee, arguing its notice-and-takedown mechanism would suppress First Amendment-protected speech including satire and news commentary.

Meta has conditionally dropped its opposition to the Kids Online Safety Act, contingent on the bill preempting state-level AI laws — a significant strategic maneuver that reframes a child safety measure as a federal AI preemption vehicle.

Key Developments

EU AI Omnibus Adopted: Fundamental Rights Protections Diluted at Final Stage

The European Parliament has formally adopted the AI Omnibus package, which amends the existing AI Act and is now on the verge of entering into force. According to CDT, while the final text avoided some of the most harmful amendments proposed during the Commission's drafting phase, it nonetheless introduces consequential changes that weaken protections for individuals subject to high-risk AI systems. CDT's analysis does not specify which articles were modified, but the framing — that the final text 'diluted' rather than eliminated protections — suggests a legislative compromise that prioritised industry operability over rights enforcement.

This is a completed legislative action, not a proposal. The implementation gap to watch is the distance between the Omnibus text's requirements and actual enforcement by national market surveillance authorities, which have historically underperformed on the original AI Act's mandates. Member states with weaker enforcement infrastructure will be the path of least resistance for non-compliant deployers.

Why it matters

The Omnibus amendments will bind hundreds of millions of EU residents and shape the compliance baseline for every multinational operating in the EU market — weakened rights provisions now become the legal floor, not a ceiling.

What to watch

Which specific provisions on high-risk system obligations and conformity assessments have been softened, and whether the European Data Protection Board or national DPAs move to fill the gap through enforcement action under GDPR.

France Ditches Palantir: The First Major Government AI Vendor Divorce on Sovereignty Grounds

French Prime Minister Sébastien Lecornu has confirmed that the Direction Générale de la Sécurité Intérieure (DGSI), France's domestic intelligence service, will transition from Palantir's AI data tools to ChapsVision, a French provider. As reported by The Guardian, Lecornu framed the move explicitly in terms of avoiding 'strategic dependencies' in the digital sphere. This is a confirmed government decision, not a policy aspiration — though the transition timeline and contractual details have not been publicly disclosed.

The strategic significance extends beyond the bilateral France-US dimension. Palantir holds substantial intelligence and defence contracts across NATO member states and with the EU itself. France's move will intensify pressure on other European governments — particularly Germany and the Netherlands, which have active Palantir procurement relationships — to articulate their own positions on vendor dependency. It also complicates Palantir's positioning in ongoing EU defence AI procurement discussions. The move aligns with the EU AI Act's emerging guidance on critical infrastructure AI and the European Commission's push for 'digital sovereignty,' but France is acting unilaterally and at speed rather than awaiting a coordinated EU procurement framework.

Why it matters

This is the highest-profile government repudiation of a US AI vendor to date and sets a reproducible precedent for sovereign AI procurement decisions across EU member states and allied nations.

What to watch

Whether Palantir's other European government contracts — including with the European Defence Agency and UK Home Office — face similar scrutiny, and whether ChapsVision can demonstrate operational parity under adversarial intelligence conditions.

Gottheimer AI Risk-Vetting Bill and the Post-Fable Legislative Moment

Rep. Josh Gottheimer (D-NJ) is preparing legislation that would require mandatory government reviews of powerful AI models for national security, critical infrastructure, and bioterror risks, according to Politico. This is a bill in preparation, not yet introduced — the critical distinction for policy professionals is that no legislative text has been made public and no committee process has begun. The bill's framing, however, directly tracks the political fallout from the US government's June 12 classification of Anthropic's Fable model as a dangerous munition and the subsequent global access shutdown.

The Fable episode, analysed in The Guardian by Sanders and Schneier, exposed a fundamental enforcement problem: export-control frameworks designed for discrete physical goods cannot cleanly apply to software models accessible via API. The government's inability to distinguish domestic from foreign users forced a blanket shutdown. Gottheimer's bill — if it moves toward mandatory pre-deployment reviews rather than post-hoc export controls — would represent a structural shift toward a pre-market authorisation model analogous to what the EU AI Act attempts for high-risk systems, but targeted specifically at frontier models and national security vectors. Gottheimer is a centrist Democrat with a record of bipartisan dealmaking, which gives the bill slightly better prospects than average for a minority-party initiative.

Why it matters

The Fable precedent has created a narrow legislative window for mandatory AI model risk review requirements in the US — something that has repeatedly failed to advance in prior Congresses — and Gottheimer is moving to capture that window.

What to watch

Whether the bill attracts Republican co-sponsors (essential for Senate viability) and how it positions review authority — NIST, DHS, or a new body — which will determine its industry support and bureaucratic resistance.

NO FAKES Act: Civil Society Coalition Formally Opposes Senate Judiciary Advancement

CDT has led a coalition of free expression and digital rights organisations — including EFF — in a formal letter to the Senate Judiciary Committee urging it not to advance the NO FAKES Act in its current form. As detailed by both CDT and EFF, the coalition's objections centre on the bill's notice-and-takedown mechanism, which they argue replicates the most problematic features of DMCA Section 512 and would enable suppression of satire, commentary, and journalism. The bill is designed to address AI-generated replicas of individuals — deepfakes — but the coalition argues its scope is overbroad and lacks adequate First Amendment safeguards.

This is a coalition opposition letter, not a legislative block — the Senate Judiciary Committee retains full discretion to advance the bill. The political dynamics are complex: the NO FAKES Act has support from entertainment industry unions (particularly SAG-AFTRA) and has attracted bipartisan Senate co-sponsors motivated by constituent concerns about AI impersonation. The civil society coalition's leverage depends on whether it can shift swing-vote senators who are sympathetic to free expression concerns. The bill's proponents argue the existing framework for persona rights is inadequate and that the harms from AI impersonation are concrete and immediate.

Why it matters

The NO FAKES Act represents the most advanced federal legislative vehicle for AI-generated content regulation in the US, and the coalition's formal opposition introduces a credible First Amendment liability argument that could complicate Senate floor proceedings.

What to watch

Whether the Senate Judiciary Committee marks up the bill with First Amendment carve-outs responsive to the coalition's objections, or advances the current text and forces the debate to the floor.

Meta's KOSA Pivot: Child Safety Bill Becomes Federal AI Preemption Vehicle

Meta has signalled it will drop its opposition to the Kids Online Safety Act (KOSA) on the condition that the bill includes language preempting state-level AI laws, according to Politico. Meta's prior opposition was widely credited with killing KOSA in 2024. This is a conditional withdrawal of opposition — not formal support — but given Meta's lobbying weight, the shift significantly alters KOSA's congressional viability. Simultaneously, a conservative coalition including Mike Pence's Advancing American Freedom is opposing the inclusion of kids' safety proposals in any broader AI legislative package, citing privacy risks and free expression concerns around age verification mandates, per Politico.

The strategic significance of Meta's maneuver is considerable: by attaching a preemption condition to its support, Meta is attempting to use the political momentum of child safety legislation to neutralise the growing patchwork of state AI laws — including California's SB 1047 framework and equivalent measures in Colorado, Illinois, and Texas. This is a direct lobbying strategy to trade on KOSA's bipartisan appeal in order to achieve a federal preemption outcome that the company has separately failed to secure through dedicated federal AI legislation. The opposition from Pence-aligned conservatives on First Amendment and privacy grounds creates an unusual left-right pincer against the package, though for divergent reasons.

Why it matters

If Meta's preemption condition is accepted by KOSA sponsors, a child safety bill becomes the primary vehicle for federal displacement of state AI regulation — a structurally consequential outcome that would reshape the entire US AI regulatory landscape.

What to watch

Whether Senate KOSA sponsors Blumenthal or Murphy accept preemption language as the price of Meta's neutrality, and how state attorneys general — particularly from California and Illinois — respond to that trade-off.

Signals & Trends

The Export Control Overhang: Frontier AI Models Are Collateral Damage in National Security Frameworks Designed for Physical Goods

The Anthropic Fable classification and shutdown episode is a leading indicator of a broader structural problem that no jurisdiction has yet resolved: national security export control regimes are architecturally incompatible with software-as-a-service AI deployment. The US government's use of munitions classification — a framework built for hardware with discrete transfer points — produced an outcome where domestic users lost access alongside foreign nationals. Gottheimer's proposed legislation is one legislative response, but the deeper regulatory challenge is that any enforceable pre-deployment review regime for frontier models requires a legal definition of what constitutes a 'dangerous' model capability that NIST, DHS, and the intelligence community have not publicly agreed upon. Until that definitional work is done, export control actions on AI models will continue to be blunt instruments with significant collateral access effects. Policy advisors should track whether the Fable episode prompts NSC-level guidance that distinguishes model weights from API access in export control application.

Sovereign AI Procurement Is Becoming Operational, Not Aspirational

France's Palantir divestment is the first case where 'digital sovereignty' rhetoric has translated into a confirmed, named procurement decision affecting a live intelligence contract with a major US vendor. This operationalises what has until now been largely a Brussels-level discursive frame. The pattern to watch is whether other EU member state intelligence and defence ministries — which face the same vendor concentration risk but lack France's domestic AI industry depth — follow suit or instead negotiate data-residency and audit-right conditions as a middle path. The EU AI Act's provisions on critical infrastructure AI systems and the forthcoming EU Cyber Resilience Act both create compliance hooks that could accelerate similar decisions in other member states. For US AI companies with European government contracts, the strategic risk is no longer theoretical: procurement officers now have a named precedent to cite when demanding vendor diversification.

Preemption as Industry Strategy: Federal AI Legislation Is Increasingly Being Shaped by What It Displaces, Not What It Creates

Across multiple active legislative tracks — KOSA, the nascent federal AI framework discussions, and the NO FAKES Act — the most consequential lobbying battles are not about the substantive content of federal rules but about whether federal rules will preempt state-level AI laws. Meta's KOSA maneuver is the starkest example, but the same dynamic is visible in the Pence coalition's opposition to age-verification mandates and in industry pushback on California's AI transparency bills. This signals a maturation of industry legislative strategy: having failed to prevent state-level AI regulation, major platforms are now attempting to use federal legislative vehicles — including ones with significant public support on their underlying merits — as preemption instruments. Policy advisors tracking AI governance should assess every federal AI bill not only on its substantive provisions but on its preemption scope, which is where the real regulatory stakes now sit.

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