It would have Disparate Impact, and thus be forbidden.
You are correct about how the FMD will be run, if this idiotic stupid shitty bill passes. Big tech corps may not have asked for it, but they will not let themselves get regulated into non-existanced by ignoring it.
I went to a public presentation about it by the CA state senator pushing it. I asked him a pointed question about why didn't he talk to the open source software foundations about it, and he lied to my face, and then moved to the next question.
Your theory, while understandable, is incorrect. The big tech stooges (until this month, I was technically one of them) do not like SB 1047 either. We didn't ask for it. We didn't lobby for it. We didn't write it. We were caught completely by surprise by it.
Lawyers who send C&D letters to security researchers attempting to do Responsible Disclosure should be disbarred. No warnings, no excuses.
Yesterday I was background interviewed by the L A Times re some of my professional informed objections to CA bill 1047, which bans open source AI. (It's proponants say it's not a ban. They lie.) Link to interview transcript here: docs.google.com/document/d/1...
I was just (today 2024-06-18) interviewed by Wendy Lee of the L A Times re the flop and dollar thresholds of CA bill 1047 About me, I just left Amazon after 7 years as a Principal Engineer, in the Op...
Bluesky did the 3 things that it was supposed to exist to not to do: centralized identity, took VC money, blacklist bullying.
And I just got banned from ProtectAndServe myself. I am very proud of that award.
Post it to reddit ProtectAndServe, see how fast they ban you.
The more I learn about MacArthur's implementation of the effective land reforms in rural Occupied Japan, getting ahead of the commies in State screwing it up, the more I think that the worst thing that happened to actual "progressive reform" in the 20C was Marxism.