Regulatory agencies limit uses of other products without acts of congress-- cigarettes, vapes, drugs, pesticides, chemicals, explosives. Even firearms, despite a constitutional amendment! Why not models? (Note I am not arguing it's a good idea; I'm making a narrow argument that there is precedent.)
EDIT: I agree that it should require an act of Congress to explicitly delegate this power.
All of the agencies responsible for those regulations were created by and get their funding from Congress. Currently, they're asleep at the wheel. Or a better idiom might be "cowering in the corner".
Fairly certain all those have "acts of congress" attached to them. I mean, it used to take a constitutional amendment to make something illegal but now we have tons of agencies responsible for regulating all the things.
Plus, they're relying on the "math is a weapon" law to ban "export" of the models.
Congress passed the Arms Export Control Act (22 USC 2778) in the Ford administration and it has been applied to software since at least the Clinton administration.
"Malboro cigarettes may once again be sold, but Newport remains banned for everyone except large purchasers that have paid the appropriate bri... fees."
None of those things are knowledge. I think theres something specific around limiting access to knowledge and capabilities that makes this feel insidious.
Information is covered by ITAR, so that's not new. You can illegally export information about an ITAR covered item by just allowing a foreign national the potential to see an item. They don't even have to prove the foreign national actually did see it.
Overturning the Chevron doctrine is good because it stops lawful people from doing things we don't like. We aren't bound by laws, so we can do whatever we want.
That repealing the chevron doctrine was a calculated play in the unitary executive theory. We all know congress is basically useless these days. But we also know that regulation isn’t, like, optional. It’s going to happen no matter what.
So what’s left? Where does that decision making go? Turns out the executive, so that’s what we’ve been seeing and it’s largely uncontested. This should have been obvious to most people going into this, particularly if they understood Trumps platform or Project 2025.
EDIT: I agree that it should require an act of Congress to explicitly delegate this power.