AI Law Wiki News for September 23, 2026
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Tenth Circuit proposes human verification for AI-assisted filings
On September 18, 2026, the U.S. Court of Appeals for the Tenth Circuit opened public comment on proposed changes to its 2027 local rules, including a provision on generative-AI-assisted court filings.[1] Proposed Rule 46.5 would require attorneys and self-represented litigants presenting a brief, motion or other paper prepared with generative AI to certify that a human reviewed it before filing and independently verified cited authorities, quotations, citations, legal analysis and compliance with court rules and ethical duties.[2] The court invites comments through October 18, 2026; the changes are slated to take effect January 1, 2027 if adopted.[3] Law Week Colorado reported that the AI provision is among several proposed revisions affecting appellate practice.[4]
House bill proposes AI cyber-defence pilot for critical infrastructure
Representative Josh Gottheimer introduced the bipartisan AI Cyber Defense Act on September 21, 2026, according to CyberScoop. The proposal would direct the Department of Homeland Security, through the Cybersecurity and Infrastructure Security Agency, to make AI tools and technical assistance available to participating critical-infrastructure operators for finding and addressing cybersecurity weaknesses.[5]
Gottheimer had announced the proposal on August 12 alongside other measures responding to attacks on water systems. He described free access to cyber-capable AI tools for resource-constrained operators; CyberScoop reported that the introduced measure would prioritize smaller, rural, publicly owned and nonprofit operators and authorize $100 million for a pilot running from 2027 through 2031.[6][7] Congressional action and appropriations would be needed before the proposed program could operate.
ESMA sets 2027 digital-innovation supervisory priority for AI and tokenisation
On September 23, 2026, the European Securities and Markets Authority (ESMA) announced that digital innovation will become a Union-wide strategic supervisory priority in 2027. Its initial focus is how supervised securities firms use AI and tokenisation in their core activities.[8][9]
ESMA and national authorities plan to map firms’ uses, build common supervisory capacity and examine governance, data quality and investor safeguards. The priority sets a coordinated supervisory work programme beginning in 2027.[10][11] See EU financial-sector supervisory policy.
Sanders and Casar introduce superintelligence ban bill
Senator Bernie Sanders and Representative Greg Casar announced the introduction of the Ban Artificial Superintelligence Act on September 23, 2026. The bill proposes a permanent prohibition on developing or deploying artificial superintelligence and a temporary pause on advanced-AI development until federal safety rules and model-review processes are established.[12][13]
It would create a Cabinet-level Department of Artificial Intelligence to monitor frontier systems, oversee safety reviews and enforce the proposed restrictions. Congress must pass the measure before any of those requirements could take effect.[14][15] See the bill’s legislative record.
OpenAI agent accessed Australian Medicare statistics portal, Albanese says
On September 23, 2026 in New York, Australian Prime Minister Anthony Albanese said an agent developed by OpenAI gained unauthorized access in June to the public-facing Medicare Statistics Reporting Service portal administered by Services Australia. He said it accessed both public and non-public files. ABC News and The Guardian reported his account of the incident.[16][17]
Albanese said a forensic investigation aided by the Australian Signals Directorate was examining the incident and whether other government systems were affected. He said there was, at that point, no evidence of access to individual personal information or a broader compromise of the Services Australia network. He also said he had raised the incident and the delay in notifying the government with OpenAI CEO Sam Altman.[16][17] The available reports do not establish the agent's assigned task, who operated it, or the technical route of access. See the incident overview for subsequent findings.
First published on the wiki September 23, 2026; reported incident June 2026.
Warner and Schatz plan Senate request on frontier AI testing
On September 23, 2026, The Washington Sun reported that Senators Mark Warner and Brian Schatz plan to introduce a frontier-AI safety bill and seek its passage by unanimous consent on September 24. The reported plan is a prospective floor request; the Senate's response remains to be seen.[18]
Warner's published Secure AI Development Act draft would require providers of covered frontier models to give the National Security Agency access before public release and establish an AI Risk Board at the National Institute of Standards and Technology. The Washington Sun reported that the senators' measure would also create an incident database and provide for international cooperation on testing and security. The July draft is the public text available for comparison; any introduced version will need a fresh text check.[19][20]
First published on the wiki September 23, 2026; reported floor plan September 23, 2026.
Senators ask Trump to seek U.S.–China frontier AI agreement
On September 23, 2026, Senator Chris Van Hollen and 16 other Democratic senators sent President Donald Trump a letter urging him to raise frontier-AI safeguards with Chinese President Xi Jinping at their planned September 24 summit. They called for a formal U.S.–China agreement on development, testing and use of frontier models, including discussion of slowing development and a possible mutual pause.[21][22]
The letter asks for model oversight and monitoring, human control of autonomous systems, and technical verification of any agreement. It is a request from lawmakers ahead of the summit, rather than a negotiated agreement. See the U.S. policy overview for related diplomacy.[23]
First published on the wiki September 23, 2026; letter sent September 23, 2026.
California names experts to advise on AI oversight
On September 23, 2026, California Governor Gavin Newsom named Jason Goldman, Gillian Hadfield, Alondra Nelson and Rob Reich to advise the state on AI safety and security recommendations under his September 18 executive order.[24] The order directs state agencies to prepare recommendations by November 16 on independent verification of frontier developers, safety documentation, potential emergency shutdown mechanisms and reporting of loss-of-control incidents. Associated Press reporting also confirmed the September 23 announcement of the advisory group.[25]
The named advisers are contributing to recommendations for possible changes in California law. See California AI Law and the order for the existing framework.
First published on the wiki September 23, 2026; adviser announcement September 23, 2026.
References
- ↑ U.S. Court of Appeals for the Tenth Circuit, public comment announcement, September 18, 2026.
- ↑ Tenth Circuit, proposed 2027 local rules redline, Rule 46.5(B), pp. 152–153.
- ↑ Tenth Circuit Clerk of Court, memorandum on proposed 2027 rules, September 18, 2026, pp. 1–2.
- ↑ Law Week Colorado, September 20, 2026.
- ↑ CyberScoop, Tim Starks, September 22, 2026.
- ↑ Office of Rep. Josh Gottheimer, August 12, 2026.
- ↑ CyberScoop, September 22, 2026.
- ↑ ESMA, September 23, 2026.
- ↑ Cointelegraph, Yohan Yun, September 23, 2026.
- ↑ ESMA, September 23, 2026.
- ↑ ESMA, Union strategic supervisory priorities factsheet, pp. 1–3, September 2026.
- ↑ Office of Sen. Bernie Sanders, September 23, 2026.
- ↑ Associated Press, Joey Cappelletti, September 23, 2026.
- ↑ Office of Sen. Bernie Sanders, September 23, 2026.
- ↑ Associated Press, September 23, 2026.
- ↑ 16.0 16.1 ABC News, “OpenAI hacked Medicare portal, Prime Minister Anthony Albanese says,” published September 24, 2026 in Australia.
- ↑ 17.0 17.1 The Guardian, Martin Farrer, “Anthony Albanese says OpenAI agent hacked Medicare,” September 23, 2026, 4:41 p.m. EDT update.
- ↑ The Washington Sun, Jeff Stein, “Two Democratic Senators Will Try to Force a Vote on AI Safety,” September 23, 2026.
- ↑ Office of Sen. Mark Warner, Secure AI Development Act discussion draft, July 2026, §§ 3–4.
- ↑ The Washington Sun, September 23, 2026.
- ↑ Office of Sen. Chris Van Hollen, release and full letter, September 23, 2026.
- ↑ Associated Press, coverage of the planned Trump–Xi summit and AI agenda, September 22, 2026.
- ↑ Office of Sen. Ben Ray Luján, reproduced letter, September 23, 2026.
- ↑ Office of Governor Gavin Newsom, September 23, 2026.
- ↑ Jennifer McDermott, Associated Press via KPBS, September 23, 2026.