There is a finite number of tokens that a rig will turn out over it's lifetime. Divide the cost of the rig plus electricity by that number and you have your cost per token. Yes providers can screw up on scheduling and end up paying more than they should, but that's not magic.
The AI rigs cost money, sure. But no one is talking about regulating those. We are talking about regulating models, which do have zero cost of reproduction.
It’s like banning the leaked DeCSS key. Good luck.
If you mean being forced to overpay for no-longer-SOTA closed models, that’s I guess the protectionist motive here: impossible to enforce, enforcement uneven and political, illegality rampant, I suppose all by design too. I’d say it’s brilliant if it weren’t so evil. I have hope saner minds will prevail.