The Trump administration issued a revised executive order Tuesday focused on artificial intelligence, offering a significantly pared-back vision for the federal government’s role vetting AI systems compared with a draft version that was spiked weeks ago.

The order keeps in place the administration’s largely voluntary framework for companies to engage with the federal government around testing new models before release, but appears to considerably weaken or loosen provisions that had been opposed by industry.

Under the order, AI companies would voluntarily provide the federal government access to frontier models before release, but now it will be for “up to” 30 days instead of the 90-day timeline included in previous drafts.

It also explicitly states that nothing in the program will be construed as mandatory or part of a federal licensing or permitting regime, and gives AI companies significant influence to help define what models would and would not be covered under for testing.

It also states that all federal testing and access to the models would be subject to “confidentiality, cybersecurity, insider-risk, and intellectual-property protection, use, and nondisclosure requirements.”

Section one of the order highlights the central friction that has plagued the Trump administration’s AI policy since assuming power: While the White House increasingly sees national security implications in the rapid release of frontier models from the private sector, it has also been one of the loudest critics of regulating the technology for fear it could harm American businesses.

“The United States continues to lead the world in Artificial Intelligence (AI) because of the enormous talent and innovation of our AI industry, and because we refuse to stifle this innovation with overly burdensome regulation,” the order reads.

That argument was bolstered in recent days as industry members and top advisers to Trump, like tech investor and AI czar David Sacks, lobbied against previous draft language, arguing it would put too much of a regulatory burden on U.S. businesses.

On X, Sacks called the revised EO, including changes reducing the government’s access from 90 days to up to 30 days “a game changer” because it would allow frontier labs to comply without delaying new model releases. He also said the discussions he’s had with the White House indicate that not all new model releases would be subject to even that level of scrutiny.

The White House characterization that the order is not a program for conducting oversight of all new AI models “is completely consistent with the discussions that I have participated in, where it was agreed that the EO is intended to apply only to models that represent a meaningful step-change in cyber capabilities (eg Mythos), not to incremental version numbers of existing models,” Sacks wrote.

The order also puts the Department of Treasury at the head of a new interagency cybersecurity clearinghouse on AI, where the private sector, critical infrastructure operators and federal agencies voluntarily collaborate to coordinate and deconflict scanning for software vulnerabilities, discovery and validation and remediation activities, like patching.

Treasury, the Cybersecurity and Infrastructure Security Agency, the NSA, the Office of the National Cyber Director and other agencies would also be responsible for developing classified benchmarks that would be used to identify or flag the kind of advanced cyber and hacking capabilities that agencies are interested in testing.  

Questions linger over implementation, politicization

Consisting of less than 1200 words, the directive is vague in many areas about exactly how implementation will work.

“On frontier capability access, vulnerability discovery for critical infrastructure, and sharing with trusted partners, many questions remain,” wrote American Enterprise Institute fellow Ryan Fedasiuk.

Senator Mark Warner, D-Va., said the order would help the White House “begin to grapple” with the threats that new frontier models and their hacking capabilities pose to critical infrastructure and praised certain provisions, like putting the NSA in charge of classified testing of new models. But he was also sharply critical of the administration’s about face on the need for federal scrutiny of emerging AI technologies.

“Once again, the Trump administration has belatedly discovered the need to redo something it hastily dismantled in its first year,” Warner said in a statement. “While this course correction – a rehash of proposals contained in the last administration’s 2023 executive order, bipartisan congressional legislation, and each of the last three years of intel authorization bills the Senate Intel Committee has passed – can begin to grapple with widespread impacts that new frontier models will have on our critical infrastructure, it can’t undo the years wasted on dismantling some of the most vital pillars of our nation’s cybersecurity response, including key information sharing initiatives and the federal agency established to protect the security of U.S. critical infrastructure.”

Warner also said he will be “watchful” for indications the administration may politicize any testing regime, for instance, such as using the partnerships “to pressure U.S. firms into making changes to their products or Terms of Service to suit partisan or legally questionable objectives of the president and his allies.”

The administration’s lighter touch approach around voluntary testing yielded approval from some experts who have traditionally been more in favor of regulation, but who also expressed similar worries about the downsides of putting the federal government in charge of vetting AI models.

Samir Jain of the Center for Democracy and Technology, said that while AI models pose real cybersecurity threats to critical services, the order “attempts to avoid the deeply concerning implications of a mandatory licensing regime for release of new models.”

“Testing and benchmarking programs are important to promote cybersecurity and address other risks,” Jain said in a statement. “However, the EO should not become a mechanism for the Administration to punish companies for political or other arbitrary reasons, and so we will be closely monitoring the details of its implementation as they emerge.”

You can read the full order on the White House’s website.

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President Donald Trump said he would postpone the release of an executive order that would set up a 90-day testing and vetting regime for frontier AI models, hours before the White House was set to publicly announce the signing. 

Speaking to reporters in the Oval Office Thursday, Trump said he opted to delay the order “because I didn’t like certain aspects of it” and expressed concerns that it could harm U.S. AI industry competition with countries like China. 

According to multiple sources, a draft version of the order circulating in the last 24 hours would have set up a voluntary testing regime between the U.S. federal government and frontier AI companies that would allow the government to study new models for 90 days before they’re publicly released. In addition to the government, the draft order would also facilitate access to the models for cybersecurity testers in critical infrastructure sectors, like finance and healthcare.

The draft order empowered the National Security Agency to conduct classified evaluations of frontier AI models, while the Department of the Treasury would have set up a new information sharing agreement between AI companies and cybersecurity defenders in critical infrastructure.

Other agencies, like the Office of the National Cyber Director, the Cybersecurity and Infrastructure Security Agency and the National Institute for Standards and Technology, would also be involved in defining which models are covered under the vetting regime.

In some sense, the order would formalize an already cooperative relationship between AI companies and governments like the U.S. and UK, where tech-focused agencies and regulators have already been provided access to previous models ahead of their release for testing and evaluation. 

A former federal official who has seen the latest draft circulated before Thursday’s announcement told CyberScoop that based on their conversations with the administration, the order was intended to facilitate more robust testing from government agencies compared to evaluations conducted for previous models. They said that is in part a reflection of the federal government’s maturing understanding of AI technology over the past five years.

“In the past there has been containerized optionality for the intelligence community and others to take a look at things, but it was really a lot of hand holding [from AI companies] and self-explanation of what they expect this thing to do,” said the official, granted anonymity to discuss sensitive conversations with the administration. “And now the government is coming forward and saying now we feel we’re prepared enough for you to just give us your tool…and we’ll go from there.”

But it also represents a stark pivot by the Trump administration, which came into office openly dismissive of AI safety policies and arguing that they would inhibit U.S. industry. Trump’s latest comments in delaying the order echo those same attitudes. 

The former official said that while the Trump White House doesn’t view its mission as telling AI companies “don’t develop AI that can do X, which was perceived to be the previous administration’s role,” they also acknowledged the administration’s early rhetoric on AI regulation has painted them into a corner. 

“I think the biggest challenge the administration has is that their tone was ‘no institution of guardrails’ and they don’t have a better word for making sure that the capabilities of emergent frontier models don’t disrupt security than to say ‘let’s test it and institute guardrails,’” the official said.  

While debate about how best to regulate AI-related harms continues, most agree there are genuine national security concerns around the technology.

Ram Shankar Siva Kumar, founder of Microsoft’s AI red team, told CyberScoop that in 2019, his staff consisted of himself and a few other security and machine learning specialists. Now a much larger staff of technologists are supported by specialists in psychology, linguistics, bioweapons and other fields.

“Because of frontier harms, what we have done has really morphed,” Siva Kumar said.

The United States, along with Israel, Russia, Ukraine and others have already deployed AI in targeted military operations or integrated the technology into their larger command and control structure. AI is being used to supercharge drone warfare, global hacking campaigns, and sophisticated surveillance and targeting of military personnel and civilians, imbuing the engineering choices of frontier AI companies with life and death consequences.

Some congressional members who previously opposed allowing AI to make autonomous kill decisions on the battlefield have been reconsidering their position.

Rep. Don Beyer, D-Va., who co-chaired the Congressional AI Caucus and was appointed to a bipartisan AI task force in 2024. said that while he thinks “we need to guard against dehumanizing” those decisions, he also worries that adversarial countries will use the same technology against the United States.

“It’s like if we say that Americans have to have a human in the loop and the Chinese don’t have to have a human in a loop, the non-human one will beat the human one every time,” Beyer said at an AI conference in Washington D.C. earlier this month.  

Meanwhile, experts have been increasingly concerned about the technology’s impact on cybersecurity, as current models are remarkably good at finding software bugs and vulnerabilities, while newer models like Anthropic’s Mythos and OpenAI’s Daybreak are capable of chaining together multiple exploits to conduct more sophisticated attacks.

While state-sponsored hackers are experimenting with the technology and using it to gain targeted efficiencies in their hacking operations, cybersecurity experts in the private sector and law enforcement agencies say the technology has mostly benefitted cybercriminals and scammers.

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