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2026-03-20//OPINION

The White House Wants to Regulate AI -- A Developer's Take

I'm sitting in Vitoria, Brazil, 5,000 miles from Washington D.C., reading about the White House preparing to send Congress a national AI regulatory framework. And I can already feel it in my codebase.

The White House is putting together a comprehensive AI regulatory framework for Congress. Child safety, creators' rights, federal vs state regulation, and tightening export controls on AI chips. People are getting charged for diverting AI hardware to China. Protecting kids and artists and keeping cutting-edge compute out of adversarial nations sounds reasonable on paper. I agree with those goals. I am worried about how they will be implemented.

Why a Brazilian developer cares about American regulation

Your regulation is everyone's regulation. When the EU passed GDPR, every developer on Earth added cookie banners. When Apple changed App Store privacy rules, every mobile dev globally complied. When the US sanctions a chip manufacturer, the supply chain ripples hit Sao Paulo the same week as San Jose. Every major AI API, every foundation model, every GPU cloud is headquartered in the US. I get neither a vote nor a seat at the table, but I will get the bill.

Lawmakers have different incentives

Lawmakers optimize for electability. "We protected children from AI" is a visible win. "We created a nuanced framework balancing innovation with safety while preserving open-source ecosystem dynamics" is not a campaign slogan. The visible wins get teeth. The nuanced stuff gets asterisks. Child safety will be strict. Good. Creators' rights will get some framework modeled after copyright law already outdated when Napster existed. But open-source provisions? Indie developer exemptions? Those will be vague, underfunded, and written by people who think "open source" means "free software."

Export controls worry me

Restricted chip supply means compute gets more expensive for everyone. A startup in Belo Horizonte pays more because of a geopolitical chess match it has no part in. The compute gap between big and small widens. Google, Microsoft, and Meta are partially insulated by their own chip programs. The rest of us fight over whatever NVIDIA is allowed to sell. And it pushes innovation underground. China won't stop. They'll build parallel ecosystems. Fragmentation is the worst outcome for developers who just want to build things.

What happens to open source

Regulation tends to treat "AI" as a monolith. A framework designed for OpenAI's GPT doesn't make sense for a researcher fine-tuning a 7B model on a single GPU. Compliance requirements trivially easy for a company with a legal department become existential threats for open-source maintainers. If the US framework gets open-source exemptions wrong, indie devs and small teams are dead in the water.

Creators' rights and liability

If an AI model trained on copyrighted data, who owes what? Large providers will negotiate blanket licenses with major publishers. For the rest of us using APIs? We become liability laundering machines. API prices go up to cover legal exposure, or every indie dev needs to understand copyright law at lawyer level. Neither outcome is good.

What I plan to do

I plan to bet hard on open-source models, with self-hosting giving me the most control, and keep building for the Brazilian market first. There are fallback options: Mistral is French and Qwen is Chinese. I will watch the open-source exemptions closely while trying to ship faster. Regulatory frameworks take years, so I want to build while the rules are being written.

The AI horse has left the barn. Model weights are on BitTorrent, and every CS department on the planet has the knowledge. You cannot uninvent transformers. Regulation can shape commercial deployment, create liability frameworks, fund safety research, punish bad actors. But it cannot stop a developer in Curitiba from downloading an open model and deploying it.

Some regulation is necessary. Deepfakes of children need criminal penalties yesterday. Autonomous weapons need hard limits. But the framework needs to be surgically precise, not a blunt instrument catching every developer in the blast radius.

Regulation is coming. I want the people writing it to understand the difference between OpenAI and a guy with a GPU in his apartment, but history gives me little reason to expect that.

The Broad Way | Kinho.dev