Why Cruz’s AI Sandbox Is a Win for Innovation and America’s Future

Senator Ted Cruz was one of the first to propose a serious solution to the AI issues Americans are talking about. While critics of his SANDBOX Act claim it’s a blank check for Big Tech, the reality is the opposite. It’s one of the few serious attempts in Washington to keep America in the AI race. The alternative is obvious–more rules, paperwork, and lawyers slowing down AI innovation that will decide whether we lead the future or buy it from China.

Sandboxes work – Utah and beyond

Utah’s sandbox model for AI, financial technology, and financial services gives startups a path to experiment with guardrails instead of red tape. A regulatory sandbox is a supervised test zone that grants innovators waivers to test new ideas under lighter rules. Regulatory agencies act as partners instead of gatekeepers. Similar state-level sandboxes in Arizona and Wyoming demonstrate that flexible, limited regulation is possible at sub-federal levels.

These state-level models have attracted new companies and products while building trust with the public. Small firms now have the capacity to challenge powerful industry leaders.

We have already seen successful use of state-level programs, so how can we dismiss Cruz’s federal sandbox as reckless? Let’s examine why critics’ fears are oversold, and why a federal sandbox is precisely the kind of middle ground this era demands.

Addressing Popular Misconceptions

  • Federal rules are needed to keep people safe from misuse of AI. Critics lightly gesture at “federal rules” without admitting the scale of the problem. Between the FTC, SEC, FDA, FCC, DoT, DoD, and DHS, each agency has its own timeline and compliance rules. These rules are not about safety. They are a labyrinth, restricting progress. Expecting a two-person startup to navigate “federal rules” before they launch is a fantasy. Most never even try. American entrepreneurs cannot achieve innovation, attract investment, or even challenge industry leaders.
  • Letting companies “self-regulate” puts consumers at risk. The real danger is pretending that a committee can predict every risk in advance. That precautionary principle run amok paralyzes progress. Innovation happens when you test products in the market, see what works, and fix problems when they show up. Catastrophic failure is the exception, not the norm.
  • The SANDBOX Act abolishes consumer protections and grants immunity to AI companies. It does not override criminal liability or infringe contract, tort, or fraud law. Companies seeking a sandbox waiver must spell out the risks to health, safety, economic harm, or unfair practices, and explain how they will manage them.

 

Critics are right to demand careful guardrails. But what they call a “get-out-of-jail card” is actually a temporary, conditional space for entrepreneurs to learn and improve. The federal SANDBOX Act is a reasonable plan, evaluating waiver applications only where the applicant demonstrates net benefit and risk mitigation. The SANDBOX Act even sets a 90-day clock — if regulators stall, approval defaults to yes. Instead of “comply everywhere first,” innovators can run a supervised test and receive clear signals about what matters.

Conclusion

Fear-mongering about runaway AI is easy. But the real danger is stifling America’s future by chaining ourselves to yesterday’s rules. Utah’s sandbox and others across the states prove that regulatory experimentation with limits works.

The SANDBOX Act is a practical reform, a corridor through the regulatory maze, recognizing that we must balance innovation with accountability.

If we act now with confidence instead of panic, America can lead in AI innovation.

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About the author

Devin McCormick

Devin McCormick is the Technology and Innovation Policy Analyst at Libertas Institute, where he applies his diverse experience spanning tech sector equity trading and advanced AI/ML solutions. Before joining Libertas as a policy analyst, Devin developed strategic technologies at the State Department and interned at the Libertas Institute during the 2024 legislative session. A graduate of the School of Global Policy and Strategy (GPS) at UC San Diego, Devin holds a master’s degree that complements his bachelor’s in International Affairs from Florida State University. His academic and professional journey is further distinguished by his service as an Officer in the U.S. Navy Reserve. Driven by a commitment to integrate technology with sound policy, Devin joined Libertas to advocate for policies that harness technological innovations for societal benefit. Outside of his policy work, Devin enjoys staying active and exploring the great outdoors.

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