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Comment by Michelle Lopes Maldonado

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Associate director for AI policy at the Information Technology and Innovation Foundation; former Virginia state delegate and AI policy leader.
The goal should not be to regulate everything that crosses yesterday’s compute threshold, but to identify the models that actually represent today’s technological frontier and tomorrow’s greatest risks. A dynamic, capability-based definition would give policymakers a better chance of doing both.
Unverified (Aug 28, 2026)
Source:
Michelle Lopes Maldonado, “AI’s Frontier Is Moving. Its Legal Definition Should Too,” Center for Data Innovation, August 28, 2026.
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Policy proposals and claims

Mandate reporting of AI training runs above 10²⁶ FLOPs to a designated national or international authority
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