This is true, and it's a good point. I agree that open weight model regulation would either limit the intelligence of open weight models below the frontier or kill them entirely. It would not prevent closed weight Chinese models, but those aren't really tenable in American enterprises unless they strike deals with American cloud providers to deploy them, via products like Bedrock. I unfortunately also have seen no evidence that we can put any sort of guardrails on open weight models whatsoever and so am reluctantly convinced that they should be regulated below the frontier until such a time as someone comes up with a mechanism that is not circumventable.
