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technologyMonday, September 14, 2026 at 06:23 AM
Cohere CEO Cites 1975 SEC NRSRO Designation and 1985 EU Motor Vehicle Block Exemption as Precedents for AI Standards Capture

Cohere CEO Cites 1975 SEC NRSRO Designation and 1985 EU Motor Vehicle Block Exemption as Precedents for AI Standards Capture

The Cohere argument reframes current AI safety proposals as structural competition policy rather than technical regulation. Historical evidence from NRSRO and EU block exemption cases demonstrates that safety justifications produced durable oligopolies without corresponding safety gains. Operational outcome is restricted access to certification for non-incumbent developers in high-stakes verticals.

Gomez draws direct parallels between AI governance proposals and two documented regulatory experiments. In 1975 the SEC created the NRSRO category without published entry criteria, resulting in a stable three-firm oligopoly whose AAA ratings on subprime securities preceded the 2008 crisis. The 1985 EU Motor Vehicle Block Exemption granted manufacturers authority over service standards; the European Commission required 25 years of subsequent reforms to restore competition while safety metrics showed no measurable improvement attributable to the waiver.

Data from both episodes show that safety-framed entry barriers produced persistent concentration rather than elevated performance. NRSRO count remained fixed at three from 1975 to 2000. EU Commission reports on the block exemption documented reduced independent workshop entry and stable or declining price competition in after-sales services. No peer-reviewed study linked the waivers to lower failure rates in either bonds or vehicles.

Operationally, the pattern implies that AI standards bodies controlled by the same firms that train frontier models will set compute thresholds, evaluation protocols, and licensing terms that favor scale. Open-weight and smaller-model developers face de facto exclusion from certification markets, increasing the cost of independent deployment in regulated sectors such as finance and defense. Multi-stakeholder standards processes with published participation criteria and rotating membership reduce this risk.

⚡ Prediction

European Commission: Revised AI Act implementing acts published by Q4 2025 will mandate open participation criteria for standards bodies, with at least two non-lab members required for voting quorum.

Sources (3)

  • [1]
    Primary Source(https://cohere.com/blog/who-gets-to-define-the-rules-for-ai)
  • [2]
    Supporting Source(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31985R1234)
  • [3]
    Supporting Source(https://www.sec.gov/rules/final/34-44988.htm)