The cure for an unverifiable AI claim is older and duller than the claim: an enforcement file and a filing system.
X turns each AI financing story into a binary trade — buy the rocket or expose the fraud. The Securities and Exchange Commission has already shown a third option, and it has a docket number. In March 2024 the SEC charged two investment advisers, Delphia and Global Predictions, with making false and misleading statements about their use of artificial intelligence, and the firms agreed to pay $400,000 in total civil penalties. [1] The agency did not debate the vibe. It named the firms, the misstatements, and the dollar figure.
That precedent reframes the whole category. "AI washing" — dressing an ordinary product in machine-learning language to raise money or fees — is not a meme to argue about. It is a described offense with settled cases behind it, and the SEC's own enforcement record says the line between marketing and misrepresentation is one a regulator will cross to penalize. [1]
The same discipline is available to any reader for free. The SEC's full-text EDGAR search lets anyone test an AI claim against what a company actually filed, searching keywords and phrases across more than twenty years of filings. [2] If a company tells investors its product is "powered by AI," the question is whether that language survives in its filings and risk factors, where misstatements carry liability, or lives only in a pitch deck, where they do not. [2] EDGAR is free, searchable, and indifferent to hype — which is exactly why it is the wrong tool for a pump and the right one for a check.
This is the divergence the paper keeps. X is fast at detecting narrative acceleration and poor at distinguishing a financing term sheet from a logo. Mainstream business coverage celebrates the round, the chip supplier, the customer name. The public record asks the slower questions: does the issuer file, what did it say under threat of liability, and has the SEC already sanctioned this exact move? [1]
AI may remake chips, cloud, and software. It does not change the rule that a securities claim needs a named filer, a filed document, and a risk paragraph that still reads true after the stock has moved. [2]
-- THEO KAPLAN, San Francisco