Due to ambiguity in the wording of the EU AI Act, we examine the question of to what extent frontier biological foundation models such as ESM3 are subject to obligations for general-purpose AI models with systemic risk under the EU AI Act. In this paper, we map ESM3 to the biorisk chain, and conclude that it would be desirable if the providers of ESM3 and similar biological models were subject to these obligations, which would require them to assess and mitigate dual-use risks from their models. We then perform an analysis, comparing the attributes of ESM3 to the classification criteria in the AI Act and the supporting material. We conclude that at this time, ESM3 does not appear to be meaningfully regulated by the Act. We then propose remedies to correct the situation.
When building AI systems for decision support, one often encounters the phenomenon of predictive multiplicity: a single best model does not exist; instead, one can construct many models with similar overall accuracy that differ in their predictions for individual cases. Especially when decisions have a direct impact on humans, this can be highly unsatisfactory. For a person subject to high disagreement between models, one could as well have chosen a different model of similar overall accuracy that would have decided the person's case differently. We argue that this arbitrariness conflicts with the EU AI Act, which requires providers of high-risk AI systems to report performance not only at the dataset level but also for specific persons. The goal of this paper is to put predictive multiplicity in context with the EU AI Act's provisions on accuracy and to subsequently derive concrete suggestions on how to evaluate and report predictive multiplicity in practice. Specifically: (1) We introduce the AI Act's accuracy provisions and argue that incorporating information about predictive multiplicity could serve compliance with specific provisions for providers. (2) Based on this legally rigorous analysis, we suggest individual conflict ratios and δ-ambiguity as tools to quantify the disagreement between models on individual cases and to help detect individuals subject to conflicting predictions. (3) Based on computational insights, we derive easy-to-implement rules on how model providers could evaluate predictive multiplicity in practice. (4) Ultimately, we suggest that information about predictive multiplicity should be made available to deployers under the AI Act, enabling them to judge whether system outputs for specific individuals are reliable enough for their use case.
Karolin Frohnapfel, Mara Seyfert, Sebastian Bordt +2
The EU has become one of the vanguards in regulating the digital age. A particularly important regulation in the Artificial Intelligence (AI) domain is the 2024 enacted EU AI Act. The AI Act specifies -- due to a risk-based approach -- various obligations for providers of AI systems. These obligations, for example, include a cascade of documentation and compliance measures, which represent a potential obstacle to science. But do these obligations also apply to AI researchers? This position paper argues that, indeed, the AI Act's obligations could apply in many more cases than the AI community is aware of. Moreover, we argue that the AI Act is drafted in a manner that may unwillingly disrupt the scientific publication practices of the AI research community, with a focus on model and system release. We contribute the following: 1. We offer a high-level roadmap for AI researchers to evaluate whether they need to comply with the AI Act 2. We explain with everyday research examples why the AI Act applies to AI research. 3. We analyse the exceptions of the AI Act's applicability AI research and offer visual tool for researchers to navigate the AI Act's complex system or research exceptions 4. We establish a position the AI Act's research exceptions fail to account for current AI research conventions, as publishing AI research may void the research exceptions of the Act. 5. We propose changes to the AI Act to provide more legal certainty for AI researchers and give two recommendations for AI researchers to reduce the risk of not complying with the AI Act. We see our paper as a starting point for a discussion between policymakers, legal scholars, and AI researchers to avoid unintended side effects of the AI Act.
The EU Artificial Intelligence Act (AIA) establishes a lifecycle governance regime for high-risk AI systems built around ex-ante conformity assessment, post-market monitoring, and re-assessment upon "substantial modification." These obligations presuppose AI identity judgments: regulators and providers must decide when an updated system remains the same system over time. In this work, we show how this logic is clarified by the function+ framework of artifact identity, which individuates AI systems by their intended function together with context-sensitive criteria of appropriate functioning, captured as "AI trustworthiness." We further argue that the AIA does not provide an internal, auditable criterion for synchronic identity--when two AI systems at a given time should count as the same for regulatory purposes--and instead largely defers such sameness determinations to sectoral or harmonization instruments. function+ supplies a synchronic identity test anchored in intended function and trustworthiness profiles and levels, making synchronic identity decisions inspectable in governance settings such as procurement, liability, and market surveillance. Our contribution is a conceptual and auditing lens: we provide a correspondence map between AIA lifecycle obligations and function+ identity components, and we make the synchronic case operationally legible via a minimal decision flow for audit and dispute contexts. We conclude with two implementation-facing recommendations: (1) more precise, testable reporting of intended purpose, and (2) standardized, auditable trustworthiness reporting that supports comparability over time and across deployments.