We should be basing public policy on facts not marketing language.

This assumes that the people in charge for public policy understand the technology beyond the marketing. Which I don’t think is this case based on the track record of policymakers when it comes to essentially any technology.

Amazon CEO literally told US gov officials that it could be jailbroken and is dangerous. That was a fact (or from the pov of the gov it was). If they were going to ban based on marketing, all LLMs models would have been banned by now.