Leadership1 publisher3 min readPublished
Bessent told the House that AI labs should stay liable for what they build
Scott Bessent and FTC chairman Andrew Ferguson both pushed back on the industry's two asks in public but non-binding terms, and OpenAI said it can coordinate on safety with rivals without an antitrust waiver.
The Board Room · Leadership desk
What happened
- Treasury Secretary Scott Bessent told the House Financial Services Committee on Tuesday that AI labs should not receive the liability exemption they are seeking, because creators must be liable for what they build.
- FTC Chairman Andrew Ferguson, speaking at a Georgetown University event, said a request for new regulation paired with an antitrust exemption set off all of his alarm bells.
- The House was due to leave Washington on Thursday with its AI bills stalled, leaving both of the industry's requests unresolved by statute.
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Why it matters
- decision A lab that still wants the antitrust waiver has to argue for it against OpenAI's account of working with Anthropic and Google DeepMind on safety without one. That case gets harder to bring to a committee.
- constraint Ferguson framed his objection as personal and pointed to the White House as the owner of federal AI policy, so both asks can be reopened there without his agreement or Treasury's.
- precedent With the largest lab on record for an outside-assessor mandate, third-party evaluation becomes the text later bills copy, and the contested question turns into who accredits the assessors.
- contradiction Huang's remedy is a company judging for itself when to pause, while OpenAI is asking Congress to require outside verification.
What the labs were asking for sat outside either official's power to grant or deny. A liability exemption for model developers takes a statute, and Bessent runs Treasury [1][4]. Ferguson chairs the FTC, but he said he was giving a personal opinion, and he noted that President Trump sets federal AI policy [10]. Two senior figures declined to carry the industry's case.
The default stays in place: whatever existing law already assigns. "The best way to guarantee safety is that the creators are liable for what they build and generate," Bessent said [3]. He was answering Rep. Juan Vargas, D-Calif., at a House Financial Services Committee hearing devoted to IMF oversight [4]. He declined to identify a draft regulation or bill that he believed would improve AI safety [6]. The House was due to leave Washington on Thursday with AI bills stalled [18].
OpenAI removed the factual premise of the waiver request. Chris Lehane, its chief global affairs officer, said the company had worked with Anthropic and Google DeepMind on safety for several weeks without needing an antitrust waiver [13]. "There are many instances over time where companies are trying to help each other on safety," Lehane said, citing the airline industry [14]. The same day, OpenAI backed the independent-verification provision of the FRONTIER Act, its first endorsement of a specific federal mandate requiring outside safety assessors [12]. Implicator.ai reported that existing antitrust doctrines already allow coordination to prevent catastrophic risks, including information sharing on cybersecurity [15].
Ferguson's stated objection was that the paired requests could create barriers protecting established companies from challengers [9]. Verification obliges a lab to open its own models to an outside assessor; the waiver the industry sought would have let rival labs coordinate a slowdown with each other [11]. Cohere co-founder Aidan Gomez made the same point on Sunday: "If this is the most consequential technology in human history, then the rules for it cannot be written by a small group of commercially aligned companies behind an antitrust waiver," he wrote [16].
The industry is asking for different things. Nvidia chief executive Jensen Huang opposed new laws on Tuesday. "Run as fast as you can," he said. "But if you feel at any given point in time the company's out of control or the product's not going to be safe, take a pause and make sure you get it right" [17].
One number keeps circulating in the argument. An Elon University survey of 1,505 U.S. adults found 69% expect AI to weaken human bonds, about 1,038 respondents [19][20]. It was fielded in May, before this month's slowdown debate [19].
Bessent paired his answer with a second position. He called for more open-source models built in the United States, and said: "We can't let these large labs have regulatory capture because that will stop innovation" [5].
What to watch
- Whether the FRONTIER Act's independent-verification provision survives committee work once the House returns from recess.
- Whether the White House states a position on either ask, given Ferguson's note that Trump sets federal AI policy.
- Whether the company behind the antitrust waiver request restates it publicly after Ferguson's Georgetown remarks.