Tech Brew Ride Home – “Who Gets To Regulate AI?”

Date: November 20, 2025
Host: Brian McCullough

Episode Overview

Today’s episode dives deep into the growing debate over AI regulation in the United States, sparked by reports of an imminent executive order from former President Donald Trump centralizing federal authority over AI rules and litigation. Brian McCullough unpacks the draft order, reaction from both sides of the aisle, and what’s at stake as states and Washington wrestle for control. Also in the episode: Google’s upgraded Gemini 3 Pro image model launch, explosive growth in the creator economy, major gaming debuts, the first truly autonomous home robots, and a review of advancements (and lingering frustrations) in generative AI video.

AI Regulation: Who Holds the Reins?

The Draft Executive Order (03:40)

• What’s Happening

  • A draft executive order is circulating that would “grant the U.S. government the sole power to regulate AI and create an AI litigation task force overseen by the U.S. Attorney General.”
  • The order would let federal authorities sue states whose laws are seen as hindering AI industry growth, citing recent California and Colorado AI regulations as examples.
  • Special White House advisors, including VC David Sacks, would counsel the task force.

• Quoting The Verge (04:17):

  • “President Donald Trump is considering signing an executive order as soon as Friday that would give the federal government unilateral power over regulating artificial intelligence…[and] challenge state AI laws.”

• Trump’s Position (05:00)

  • Trump wants a moratorium on state AI laws, suggesting 50 states making their own rules would stifle business and enable “woke ideology.”
  • Quote – Donald Trump at the U.S.-Saudi Investment Forum:
    • “You can’t go through 50 states, you have to get one approval. 50 is a disaster because you’ll have one woke state and you’ll have to do all woke... We don’t have woke anymore in this country. It’s virtually illegal. You’ll have a couple of wokesters.”

• Agency Roles (05:40)

  • Federal agencies like DOJ, FTC, Department of Commerce, FCC would have 90 days to act.
  • The Secretary of Commerce will issue a report naming states violating AI policy (06:10).
  • States could become ineligible for federal programs, like rural broadband funding (BEAD).

• FTC & FCC Authority

  • The FTC will determine if state-mandated algorithm changes are “unfair or deceptive” (06:30).
  • The FCC’s Brendan Carr cites possible Communications Act grounds to override state law (07:00):
    • Quote – Brendan Carr (07:10):
      • “If a state or local law is effectively prohibiting the deployment of this modern infrastructure, then the FCC has authorities to step in there.”

Fierce Pushback, Even from Conservatives (07:25)

• Republican Opposition

  • Notably, Senators Josh Hawley, Ron DeSantis, Sarah Huckabee Sanders, and lawyer Mike Davis have come out against federal preemption.
  • Quote – Ron DeSantis (07:48):
    • “An insult to voters. The proposal would prevent states from protecting against online censorship of political speech, predatory applications that target children, violations of intellectual property rights and data center intrusions on power and water resources.”
  • Sarah Huckabee Sanders urges to “drop the preemption plan now and protect our kids and communities.”
  • Mike Davis: Industry wants “a license to steal and profit from copyright owners across America.”

• Background

  • A previous attempt to block state laws on AI failed in the Senate by 99-1 after pushback from Trump allies and child safety campaigners (08:40).
  • Industry lobbying is active: groups tied to Andreessen Horowitz and OpenAI are working to limit state regulation; their leader suggests Democratic support could swing the issue (09:20).

• Public Opinion (09:45)

  • Only 18% of voters support removing state power to regulate AI (YouGov/Institute for Family Studies poll).

• Political Risk (10:00)

  • Some in the GOP warn that supporting looser federal AI regulation could backfire with voters, especially due to public anxiety about jobs, energy prices, and child safety.

• Tech as an Electoral Flashpoint

  • Brian flags a recent “Odd Lots” podcast suggesting opposition to loose AI regulation could become a growing election issue.

Google Launches Gemini 3 Pro Image (Nano Banana Pro) (10:45)

• Big Update
  Google rolls out Nano Banana Pro—a turbocharged image generator powered by Gemini 3 Pro, available globally in the Gemini app.

• Features & Capabilities (Excerpts 11:00–12:30):

  • Multilingual text rendering in image outputs, more accurate world knowledge, advanced manipulation tools (camera angles, color grading, aspect ratios including 4K).
  • Enhanced blending: up to 14 images at once, “maintaining the consistency and resemblance of up to five people.”
  • Impressive for infographics, diagrams, and nuanced localized edits.
  • Free for most users (with quotas); higher limits for Google AI Pro and Ultra subscribers.
  • New Synth ID tool checks for AI-image provenance (video/audio checks coming soon).

• Quote – from Google (12:10):

  • “Nanobanana Pro can create more accurate and legible text in images across multiple languages… leverage a wider variety of textures, fonts and calligraphy.”

Creator Economy: Explosive Growth (13:05)

• Stats & Insights

  • Ad spend in the creator ecosystem will rise 26% YoY to $37 billion, dwarfing overall media growth (5.7%) (13:10).
  • Creator ad spend more than doubled since 2021 (to $29.5B in 2024).
  • 48% of surveyed advertisers see creators as a “must buy.”
  • Top brand goals: building awareness, reaching new audiences, enhancing trust, and driving sales.

• Challenges

  • Brands now demand improved attribution, better reporting, and universal measurement tools to assess creator campaign ROI.
  • Quote – David Cohen, IAB CEO (14:05):
    • “Leveraging the creator economy to connect with audiences is no longer experimental. For marketers, it’s essential.”

Gaming: Sequels Dominate, EA’s Battlefield 6 and Pokémon Lead (14:30)

• Highlights
  • EA’s Battlefield 6: 2025’s best-selling US game just weeks after launch.
  • Pokemon Legends: Za is the fastest-selling physical release of the year.
  • Sequels, annual updates, and franchise extensions account for 19 of the top-20 US games.
  • Nintendo Switch 2 is outpacing PS4’s historic early sales rate.
  • Mobile and subscription game revenue are up 10% and 9% respectively.

Consumer Home Robots: The First Real Wave? (15:50)

• Startup Sunday Robotics and “Mimo” (16:00)

  • Debut of “Mimo,” a fully autonomous home robot able to make espresso and load the dishwasher, rolling out to beta in 2026.
  • Mimo is full-stack: internally-designed hardware and models for complex vision, gripping, and task execution.

• In-Home Demos (16:50)

  • Brian’s reaction: It’s “the first time…these actually seem like they’re going to hit the market.”
  • Mimo can “clear glasses from a table and load them into a dishwasher,” demonstrating impressive dexterity (e.g., picking up two glasses in one hand).

• Key Takeaway (17:30):

  • Like early PCs, initial adopters will be enthusiasts who are willing to teach, tinker, and endure quirks.
  • Quote – Tony Zhao, CEO, Sunday Robotics (17:53):
    • “I do think that people should be able to teach their own robots.”

Generative AI Video: Cool, But Not Push-Button Easy (18:32)

• DIY Avatar & Animated Segments
  • Brian recounts building an AI avatar and assembling a video podcast episode. The workflow is “close”—but still laborious, costly, and riddled with uncanny valley moments.
  • “Even if I have a script or a fully recorded episode…It’s not push button, boom, you’re done yet…If I need, say, a picture of Bear Bryant, I have to go find it myself.” (19:25)
  • Tools like Riverside contribute AI-generated B-roll, but full automation isn’t here yet.

Notable Quotes & Timestamps

• Trump on States and “Woke” AI Laws:
  -- “You can’t go through 50 states, you have to get one approval. 50 is a disaster because you’ll have one woke state and you’ll have to do all woke…” (05:11)

• Brendan Carr (FCC) on Preemption:
  -- “If a state or local law is effectively prohibiting the deployment of this modern infrastructure, then the FCC has authorities to step in there.” (07:10)

• Ron DeSantis on Federal Preemption:
  -- “An insult to voters. The proposal would prevent states from protecting against online censorship of political speech…” (07:48)

• David Cohen (IAB) on Creators:
  -- “Leveraging the creator economy to connect with audiences is no longer experimental. For marketers, it’s essential.” (14:05)

• Tony Zhao (Sunday Robotics):
  -- “I do think that people should be able to teach their own robots.” (17:53)

Conclusion

Brian wraps by noting that AI governance is now a real national struggle, touching on industry lobbying, political backlash, and the rapid-fire spread of AI tools. He teases ongoing experiments with generative workflows and promises an update on his AI production setup in the next episode.

For more on the Bo Jackson AI episode, check out the final link in the show notes.