Sacks Slams Anthropic AI Safety Bill Over Stale FLOPs Threshold
Synopsis
Key Takeaways
A compute threshold lifted from a 2023 EU draft may soon define what counts as 'frontier AI' in the United States — and White House AI and Crypto Czar David Sacks is calling it out as both technically obsolete and strategically convenient for one company in particular. On Saturday, October 17, 2026, Sacks posted a detailed critique of a new AI safety bill he says was authored by Anthropic and is now circulating on Capitol Hill.
The 10²⁵ FLOPs Problem — and Why the Number Matters
At the heart of the dispute is a single number: 10²⁵ FLOPs — floating point operations used as a proxy for how powerful an AI model is. The bill, as Sacks describes it, borrows this figure directly from the EU AI Act, a standard written in 2023 when the frontier looked very different. By contrast, Biden's October 2023 executive order, California's SB 53, and New York's RAISE Act all used 10²⁶ FLOPs — ten times higher. Sacks argues the actual frontier in 2026 sits at 10²⁷ FLOPs, pointing to models like GPT-6 Astra, which he says was reportedly trained on more than 100,000 Grace Blackwell GPUs.
The gap is not trivial. A 10²⁵ FLOPs model, Sacks writes, can be trained on 'as few as several hundred GB300 chips in three months.' That places it firmly in the range of mid-tier enterprise workloads — not the bleeding-edge systems the safety debate is ostensibly about. Anchoring a 'frontier' definition to a three-year-old number means the regulatory net drags far below the waterline of genuine risk.
The Cumulative FLOPs Clause That Could Ensnare Enterprise AI
The threshold itself is only one concern. Sacks flags a second, less-discussed design choice: the bill's definition is cumulative. It counts FLOPs not just from initial training but also from fine-tuning, reinforcement learning, and other material modifications. In practice, that means almost every meaningful post-training operation — exactly the work enterprises are scaling aggressively — could push a model across the regulatory line.
The enterprise trend, Sacks notes, is moving toward 'thousands of smaller custom models built for specific workloads.' These are not frontier systems by any safety-relevant measure. Forcing them into a compliance regime designed for the most powerful models in the world would impose large costs on corporate America with no corresponding safety benefit.
Sacks vs. Dario: Incumbents, Startups, and the 'Safety' Label
Anthropic CEO Dario Amodei has previously claimed, publicly, that his company designs rules intended to disadvantage frontier incumbents — including Anthropic itself — and benefit smaller competitors. Sacks inverts that framing directly. A stale 2023 cutoff, he argues, does the opposite: it advantages companies that already clear the bar and can absorb compliance costs, while handicapping the open-model ecosystem that poses the most direct competitive threat to Anthropic's pricing power.
That is a serious charge. If accurate, it suggests the bill functions less as a safety instrument and more as a regulatory moat — a dynamic that has played out repeatedly in tech policy when incumbents help draft the rules that govern them.
A Call for Anthropic to Clarify Its Position
Sacks closes with a direct challenge: 'Anthropic should clarify if they really believe 10²⁵ FLOPs represents the frontier.' The question is pointed because the answer has a binary quality — either the threshold is technically defensible, or it is not. He acknowledges that some ideas in the bill 'could be reasonable if limited to true frontier companies,' signalling an openness to safety regulation in principle, not opposition to regulation itself.
The broader issue Sacks raises is structural: any compute-based definition written into statute will be outdated before the ink dries if it does not include a mechanism to move with the frontier. Hardware capabilities, training efficiency, and model architectures are all advancing faster than any legislative cycle. A static number is, in effect, a policy that gets looser for incumbents and tighter for everyone else — automatically, year by year.
Congress now faces a straightforward test: is the FLOPs threshold in this bill a genuine safety guardrail, or a number chosen for its convenience to the company that wrote it? The answer will say a great deal about whose interests AI safety legislation in America is actually designed to protect.