I think it's just a gap in definitions. The labs say models don't act on their own initiative. What counts as initiative? I guess an API call in a for loop would count.
Historically it seems like a lot of laws haven't been easy to change. Especially when they regulate zillion dollar industries.
That doesn't seem to be something any AI company says is currently possible.
If things change, and AI becomes able to act on its own initiative, then it will be easy to change this law