1,294 karma · joined June 19, 2020
(I'm staff that cowrote the bill.)
The non-delegation doctrine exists, but independent agencies survive because its administrators are Presidentially appointed and Congressionally confirmed, and other factors. Other commenters have rightfully also pointed out that you probably have more chance to engage in the democratic process with an independent agency, which also tend to have greater representation from the political party not in control of the Presidency.
It would be correct to say that there are new attacks on the administrative courts systems and extent of deference to administrative rulemaking. But you're wrong about independent agencies.
The problem with Section 230 is that it short circuits all of this consideration of proportionality and says "the driver was always responsible."
Even if the scope of the exemption is broad, from someone's standpoint, the backend liability is likely to do a fair amount of work in whether a generative AI company could be liable for a particular cause of action.
This is demonstrably true: using that example, Section 230 does not protect text editor software doing spellchecking. However, you don't see a lot of (any?) claims against text editor developers, and there's not really any chill in the development of spellchecking over fear of lawsuits.
(disclosure: staff involved in the bill)
tldr; no.
Repository owners may well have a different level of acceptable risk or legal obligations over the integrity of their source code. For example, if I was maintaining security software or a popular package, it would be entirely appropriate to stop everything and look for abuse. Waiting three months makes that harder.
I'm not sure that's trust building.
There are specific definitions for those terms with technical specifications. Then there are licenses/exemptions that mean you don't have to seek a license if you are selling to nongovernment customers in certain (friendlier) countries. There's also larger exemptions in export controls related to commercial off the shelf equipment and fundamental research that would apply as well.
Generally the take away is that if you're selling malware, exploits, or network surveillance equipment, you might want to talk to an export control lawyer first.