I can at least tolerate people who argue for a total ban. I think there is at least a coherent argument to be made yet nobody seems to actually care enough to stake out this position. While you will never stop people from using or improving existing tools the enabling knowledge and industrial base would be starved of the massive capital flows with which to further develop AI specific technology and associated formal education at scale.
Anything short of that is in my view more dangerous than doing nothing. The type of legislation they should be perusing is preventing automated judgement of humans and use by governments and corporations for mass surveillance.
The underlying problem is the enabling knowledge and hardware not what people do. It is a fools errand to think you can guard bags of weights or that any possible safeguards baked into the bags would not be removed with trivial effort. The safeguard nonsense also creates a false sense of security among the population that is not reality based. If technology progresses to the point where someone is able to create an ASI / magic genie it must be assumed others will soon follow.
The immediate threat of AI comes from people not technology. Allowing government to regulate and control it will just aggregate power into the hands of a few government/corporations who of course will seek to leverage their positions. AI is already being used for mass surveillance and control of entire populations.
It is more realistic that you ultimately end up with a situation in which people are held liable for what their agents actually do rather than trying to control development of weights and algorithms. In a future with ASI the counter to a bad ASI is a good ASI... that is really the only thing you can do short of a total ban.
Bernie's law is insane, trying to justify it on the basis of OpenAI's hacking drama and press accounts is a weak argument. The increased bio threats enabled by technology ***persist independent of AI***.
Analogies to nuclear weapons and thinking AI can be controlled/monitored like some sort of CTBT regime is completely divorced from reality.