NYT: Silicon Valley’s Man in the White House Is Benefiting Himself and His Friends

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The New York Times published a sprawling investigation into David Sacks’s role as Trump’s A.I. and crypto czar. We’ve talked about David Sacks a few times on these pages. The Times’ piece is remarkable in scope and reporting: a venture capitalist inside the White House, steering chip policy, promoting deregulation, raising money for Trump, hosting administration events through his own podcast brand, and retaining hundreds of A.I. and crypto investments that stand to benefit from his policy work.

But for all its detail, the Times buried the lede.

The bigger story isn’t just ethics violations. or outright financial corruption. It’s that Sacks is simultaneously shaping and shielding the largest regulatory power grab in history: the A.I. moratorium and its preemption structure.

Of all the corrupt anecdotes in the New York Times must read article regarding Viceroy and leading Presidential pardon candidate David Sacks, they left out the whole AI moratorium scam, focusing instead on the more garden variety of self-dealing and outright conflicts of interest that are legion. My bet is that Mr. Sacks reeks so badly that it is hard to know what to leave out. Here’s a couple of examples:

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There is a deeper danger that the Times story never addresses: the long-term damage that will outlive David Sacks himself. Even if Sacks eventually faces investigations or prosecution for unrelated financial or securities matters — if he does — the real threat isn’t what happens to him. It’s what happens to the legal architecture he is building right now.

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If he succeeds in blocking state-law prosecutions and freezing A.I. liability for a decade, the harms won’t stop when he leaves office. They will metastasize.

Without state enforcement, A.I. companies will face no meaningful accountability for:

  • child suicide induced by unregulated synthetic content
  • mass copyright theft embedded into permanent model weights
  • biometric and voiceprint extraction without consent
  • data-center sprawl that overwhelms local water, energy, and zoning systems
  • surveillance architectures exported globally
  • algorithmic harms that cannot be litigated under preempted state laws

These harms don’t sunset when an administration ends. They calcify. It must also be said that Sacks could face state securities-law liability — including fraud, undisclosed self-dealing, and market-manipulative conflicts tied to his A.I. portfolio — because state blue-sky statutes impose duties possibly stricter than federal law. The A.I. moratorium’s preemption would vaporize these claims, shielding exactly the conduct state regulators are best positioned to police. No wonder he’s so committed to sneaking it into federal law.

The moratorium Sacks is pushing would prevent states from acting at the very moment when they are the only entities with the political will and proximity to regulate A.I. on the ground. If he succeeds, the damage will last long after Sacks has left his government role — long after his podcast fades, long after his investment portfolio exits, long after any legal consequences he might face.

The public will be living inside the system he designed.

There is one final point the public needs to understand. DavidSacksis not an anomaly. Sacks is to Trump what Eric Schmidt was to Biden: the industry’s designated emissary, embedded inside the White House to shape federal technology policy from the inside out. Swap the party labels and the personnel change, but the structural function remains the same. Remember, Schmidt bragged about writing the Biden AI executive order.

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So don’t think that if Sacks is pushed out, investigated, discredited, or even prosecuted one day — if he is — that the problem disappears. You don’t eliminate regulatory capture by removing the latest avatar of it. The next administration will simply install a different billionaire with a different portfolio and the same incentives: protect industry, weaken oversight, preempt the states, and expand the commercial reach of the companies they came in with.

The danger is not David Sacks the individual. The danger is the revolving door that lets tech titans write national A.I. policy while holding the assets that benefit from it. As much as Trump complains of the “deep state,” he’s doing his best to create the deepest of deep states.

Until that underlying structure changes, it won’t matter whether it’s Sacks, Schmidt, Thiel, Musk, Palihapitiya, or the next “technocratic savior.”

The system will keep producing them — and the public will keep paying the price. For as Sophocles taught us, it is not in our power to escape the curse.

Senator Josh @HawleyMO Throws Down on Big Tech’s Copyright Theft

 I believe Americans should have the ability to defend their human data, and their rights to that data, against the largest copyright theft in the history of the world. 

Millions of Americans have spent the past two decades speaking and engaging online. Many of you here today have online profiles and writings and creative productions that you care deeply about. And rightly so. It’s your work. It’s you.

What if I told you that AI models have already been trained on enough copyrighted works to fill the Library of Congress 22 times over? For me, that makes it very simple: We need a legal mechanism that allows Americans to freely defend those creations. I say let’s empower human beings by protecting the very human data they create. Assign property rights to specific forms of data, create legal liability for the companies who use that data and, finally, fully repeal Section 230. Open the courtroom doors. Let the people sue those who take their rights, including those who do it using AI.

Third, we must add sensible guardrails to the emergent AI economy and hold concentrated economic power to account. These giant companies have made no secret of their ambitions to radically reshape our economic life. So, we ought to require transparency and reporting each time they replace a working man with a machine.

And the government should inspect all of these frontier AI systems, so we can better understand what the tech titans plan to build and deploy. 

Ultimately, when it comes to guardrails, protecting our children should be our lodestar. You may have seen recently how Meta green-lit its own chatbots to have sensual conversations with children—yes, you heard me right. Meta’s own internal documents permitted lurid conversations that no parent would ever contemplate. And most tragically, ChatGPT recently encouraged a troubled teenager to commit suicide—even providing detailed instructions on how to do it.

We absolutely must require and enforce rigorous technical standards to bar inappropriate or harmful interactions with minors. And we should think seriously about age verification for chatbots and agents. We don’t let kids drive or drink or do a thousand other harmful things. The same standards should apply to AI.

Fourth and finally, while Congress gets its act together to do all of this, we can’t kneecap our state governments from moving first. Some of you may have seen that there was a major effort in Congress to ban states from regulating AI for 10 years—and a whole decade is an eternity when it comes to AI development and deployment. This terrible policy was nearly adopted in the reconciliation bill this summer, and it could have thrown out strong anti-porn and child online safety laws, to name a few. Think about that: conservatives out to destroy the very concept of federalism that they cherish … all in the name of Big Tech. Well, we killed it on the Senate floor. And we ought to make sure that bad idea stays dead.

We’ve faced technological disruption before—and we’ve acted to make technology serve us, the people. Powered flight changed travel forever, but you can’t land a plane on your driveway. Splitting the atom fundamentally changed our view of physics, but nobody expects to run a personal reactor in their basement. The internet completely recast communication and media, but YouTube will still take down your video if you violate a copyright. By the same token, we can—and we should—demand that AI empower Americans, not destroy their rights . . . or their jobs . . . or their lives.

Senator Cruz Joins the States on AI Safe Harbor Collapse— And the Moratorium Quietly Slinks Away

Silicon Valley Loses Bigly

In a symbolic vote that spoke volumes, the U.S. Senate decisively voted 99–1 to strike the toxic AI safe harbor moratorium from the vote-a-rama for the One Big Beautiful Bill Act (HR 1) according to the AP. Senator Ted Cruz, who had previously actively supported the measure, actually joined the bipartisan chorus in stripping it — an acknowledgment that the proposal had become politically radioactive.

To recap, the AI moratorium would have barred states from regulating artificial intelligence for up to 10 years, tying access to broadband and infrastructure funds to compliance. It triggered an immediate backlash: Republican governors, state attorneys general, parents’ groups, civil liberties organizations, and even independent artists condemned it as a blatant handout to Big Tech with yet another rent-seeking safe harbor.

Marsha Blackburn and Maria Cantwell to the Rescue

Credit where it’s due: Senator Marsha Blackburn (R–TN) was the linchpin in the Senate, working across the aisle with Sen. Maria Cantwell to introduce the amendment that finally killed the provision. Blackburn’s credibility with conservative and tech-wary voters gave other Republicans room to move — and once the tide turned, it became a rout. Her leadership was key to sending the signal to her Republican colleagues–including Senator Cruz–that this wasn’t a hill to die on.

Top Cover from President Trump?

But stripping the moratorium wasn’t just a Senate rebellion. This kind of reversal in must-pass, triple whip legislation doesn’t happen without top cover from the White House, and in all likelihood, Donald Trump himself. The provision was never a “last stand” issue in the art of the deal. Trump can plausibly say he gave industry players like Masayoshi Son, Meta, and Google a shot, but the resistance from the states made it politically untenable. It was frankly a poorly handled provision from the start, and there’s little evidence Trump was ever personally invested in it. He certainly didn’t make any public statements about it at all, which is why I always felt it was such an improbable deal point that it was always intended as a bargaining chip whether the staff knew it or not.

One thing is for damn sure–it ain’t coming back in the House which is another way you know you can stick a fork in it despite the churlish shillery types who are sulking off the pitch.

One final note on the process: it’s unfortunate that the Senate Parliamentarian made such a questionable call when she let the AI moratorium survive the Byrd Bath, despite it being so obviously not germane to reconciliation. The provision never should have made it this far in the first place — but oh well. Fortunately, the Senate stepped in and did what the process should have done from the outset.

Now what?

It ain’t over til it’s over. The battle with Silicon Valley may be over on this issue today, but that’s not to say the war is over. The AI moratorium may reappear, reshaped and rebranded, in future bills. But its defeat in the Senate is important. It proves that state-level resistance can still shape federal tech policy, even when it’s buried in omnibus legislation and wrapped in national security rhetoric.

Cruz’s shift wasn’t a betrayal of party leadership — it was a recognition that even in Washington, federalism still matters. And this time, the states — and our champion Marsha — held the line. 

Brava, madam. Well played.

This post first appeared on MusicTechPolicy