AI

Anthropic calls for mandatory AI safety tests as White House opts out

On 2 June 2026, President Donald Trump signed Executive Order 14409, titled "Promoting Advanced Artificial Intelligence Innovation and Security." The order does two things that matter for anyone buying an enterprise AI contract: it prohibits mandatory licensing or preclearance requirements for

5 min read
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Illustration: Prompt the Market
By Xaviery Malinao · 2026-09-20

TLDR

The White House banned mandatory AI licensing in June, handing safety governance to vendors via a voluntary review. Anthropic CEO Dario Amodei publicly broke with that position weeks later, demanding mandatory testing for all capable models. Australian marketers buying these tools sit in the gap between US deregulation and a local copyright review still in progress.

KEY TAKEAWAYS

01Executive Order 14409, signed 2 June 2026, prohibits mandatory AI licensing and replaces it with a voluntary 30-day pre-release security review.
02Anthropic CEO Dario Amodei called for mandatory safety testing of all capable models on 27 July 2026, contradicting the administration's framework.
03Voluntary rules mean AI vendors write their own safety standards before any parliament legislates on the matter.
04Australia's Copyright and AI Reference Group has consulted since December 2023 but has not yet issued binding rules for AI training data.
05The 2026 Commonwealth Copyright Usage Survey now explicitly asks agencies whether they use copyrighted material in AI prompts and datasets.

What the White House ruled out

On 2 June 2026, President Donald Trump signed Executive Order 14409, titled "Promoting Advanced Artificial Intelligence Innovation and Security." The order does two things that matter for anyone buying an enterprise AI contract: it prohibits mandatory licensing or preclearance requirements for frontier AI models, and it replaces them with a voluntary framework under which developers can offer the government early access for up to 30 days before a public release.[1]

The order's preamble states the administration "we refuse to stifle this innovation with overly burdensome regulation," framing the light-touch approach as both an economic and a national security position.[1] The order also directs the Treasury Secretary, in consultation with the Director of the National Security Agency and the Director of the Cybersecurity and Infrastructure Security Agency (CISA), to stand up an AI cybersecurity clearinghouse within 30 days to coordinate vulnerability scanning with industry.[1]

Both the clearinghouse, due by 2 July 2026, and the full voluntary framework, due by 1 August 2026, have passed their deadlines. Their current status could not be confirmed in the verified research bundle.[2]

Anthropic's public break with the administration

Seven weeks after the order was signed, Anthropic CEO Dario Amodei posted a direct rebuttal to the voluntary model. On 27 July 2026, Amodei said: "All sufficiently capable models, open and closed, should go through mandatory safety testing."[3] That is a precise contradiction of an order that prohibits any such mandate.

Anthropic also used the post to clarify its position on open-weights models, the AI releases where the underlying parameters are publicly distributed and beyond any single vendor's control. The company said it opposes protectionist bans while still pushing for mandatory pre-release testing of capable systems.[3] The positions of other major AI laboratories on the voluntary framework were not confirmed in the verified research bundle.

Safety governance for the tools Australian agencies buy every day now sits with the vendors themselves, written commercially, ahead of any legislation in either jurisdiction.

The Australian read: same vendors, different regulatory clock

Australian marketers and agencies procuring frontier AI tools operate under the same vendor-written terms that apply everywhere else. Local regulators are moving, but they have not yet arrived.

The Attorney-General's Department established the Copyright and Artificial Intelligence Reference Group (CAIRG) on 5 December 2023 to consult on how copyright law intersects with AI, including the use of copyrighted material as model inputs and questions of transparency.[4] CAIRG has been consulting for more than two years and has not yet issued binding rules.

The 2026 Commonwealth Copyright Usage Survey sharpens where Australian scrutiny is headed. The survey explicitly asks government agencies whether they use copyrighted material in AI tools for prompt engineering and dataset compilation.[5] That is a regulator mapping the problem, not yet solving it.

An agency or brand signing a multi-year enterprise contract with an AI vendor today is accepting whatever safety and copyright terms that vendor has written for itself, under a US executive order that explicitly forbids mandatory alternatives. The Australian review will eventually close that gap, but as of mid-2026 it has not done so.

FREQUENTLY ASKED QUESTIONS

What does Executive Order 14409 actually ban?
It prohibits mandatory licensing or preclearance requirements for frontier AI models, replacing them with a voluntary 30-day pre-release security review that developers can choose to participate in. The order was signed on 2 June 2026.
Why did Anthropic's CEO publicly disagree with the White House?
Dario Amodei argued on 27 July 2026 that all sufficiently capable AI models, whether open or closed, should face mandatory safety testing before release. That position directly contradicts the executive order's prohibition on mandatory requirements.
What is Australia's CAIRG and what has it decided so far?
The Copyright and Artificial Intelligence Reference Group (CAIRG) was established by the Attorney-General's Department on 5 December 2023 to review how AI intersects with Australian copyright law, including AI training data. As of the 2026 Commonwealth Copyright Usage Survey, it had not yet issued binding rules.
What does this mean for Australian agencies signing AI contracts now?
Australian buyers are accepting vendor-written safety and copyright terms under a US framework that bars mandatory alternatives. Local binding rules from CAIRG are still pending, leaving a live compliance gap for any enterprise AI agreement signed today.

Xaviery Malinao

Xaviery Malinao writes for Prompt the Market on how brands and agencies are adapting to answer engines, drawing on Bushnote's work with clients across search, AI search and content.

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