CalCompute Public Cluster
The law establishes “CalCompute,” a state-run public computing cluster to support safe AI development, but critics point to the constitutional principle of non-delegation and separation of powers.
By creating a government-run supercomputing consortium accessible to the public, California risks creating an uneven playing field where private firms must effectively subsidize state-backed competitors. Moreover, forcing integration or alignment with CalCompute could be seen as a compelled partnership with government, violating corporate autonomy and raising antitrust concerns under the Sherman Act, as the state is intervening in a market ordinarily left to private enterprise.
Safety Reporting
Developers must now report “critical safety incidents” to California’s Office of Emergency Services.
Critics contend this creates a chilling effect on innovation and is potentially unconstitutional under the Due Process Clause of the Fourteenth Amendment. Requiring self-reporting of undefined “critical safety incidents” gives unchecked discretion to regulators, inviting arbitrary enforcement. Businesses may also argue it amounts to compelled self-incrimination under California’s Constitution, Article I, Section 15, particularly if reports could later be used as admissions in civil or criminal proceedings.
