How AI Can Be Regulated Like Nuclear Energy

By Heidy Khlaaf
October 24, 2023 11:48 AM 

Prominent AI researchers and figures have consistently dominated headlines by 
invoking comparisons that AI risk is on par with the existential and safety 
risks that were posed with the coming of the nuclear age. From statements that 
AI should be subject to regulation akin to nuclear energy, to declarations 
paralleling the risk of human extinction to that of nuclear war, the analogies 
drawn between AI and nuclear have been consistent. The argument for such 
extinction risk has hinged on the hypothetical and unproven risk of an 
Artificial General Intelligence (AGI) imminently arising from current Large 
Language Models (e.g., ChatGPT), necessitating increased caution with their 
creation and deployment.

Sam Altman, the CEO of OpenAI, has even referenced to the well established 
nuclear practice of “licensing”, deemed anti-competitive by some. He has called 
on the creation of a federal agency that can grant licenses to create AI models 
above a certain threshold of capabilities. This is akin to how operators of 
nuclear facilities are required to be licensed by a nuclear regulator, such as 
the US Nuclear Regulatory Commission and the UK Office for Nuclear Regulation. 
As part of their licence conditions, nuclear operators must comply with 
regulatory safety guidelines and a legal duty to reduce risks so far as is 
reasonably practicable.

The incessant references to nuclear safety should naturally lend urgency in 
applying nuclear-level regulations and assessments to the very AI systems being 
deliberated. Yet, there is only resistance to be met at the mention of the EU 
AI Act, a whittled down document compared to the intricacies and rigour of the 
regulations required for nuclear systems. Indeed Altman has previously noted 
that the EU AI Act would be “over-regulating”, specifically noting OpenAI's 
systems as they exist are not high-risk, and that OpenAI will cease to operate 
if they cannot comply with the upcoming EU AI Act. 

Two conflicting messages are thus being presented. One being that the future of 
AI capabilities present such a significant risk, that an exclusive 
nuclear-level regulatory licensing scheme is required, but also that existing 
systems do not warrant any regulation, despite well-documented harms, and 
deemed insignificant. And herein where the analogies to nuclear safety crumble.

Safety Engineering, the discipline which assures the safety of nuclear systems, 
is built on the foundation that system failures or misbehaviours, no matter how 
small, can compound and lead to catastrophic events. Consider that all 
components of a nuclear system, that being uranium or plutonium, hardware, and 
software, down to literal concrete, are individually and rigorously regulated. 
These elements separately do not pose a threat of nuclear catastrophe, but in 
orchestration lead to the emergence of a controlled nuclear fission reaction. 
Conversely, failures in said orchestration can cascade into catastrophic or 
high-risk events. For example, a minuscule software bug known as a race 
condition led to the Northeast blackout of 2003.

Our inability to prevent today’s AI harms, such as algorithmic discrimination 
and reducing the cost of disinformation or cybersecurity attacks, only entails 
that we are ill-prepared to trace and grasp any cascading implications and 
control of AI risks. And if we lack the technical and governing facilities to 
control or measure AI mechanisms which output these harms, then we would be 
mistaken to believe we have the technical foundation to resolve larger-scale 
avalanching risks that AI may hypothetically enable.

Then why have AI labs shown resistance to following through with the 
nuclear-level rigour required to keep the predecessors (e.g., ChatGPT) of 
“extinction level” technology safe? In a blog post by the OpenAI founders, they 
note that “it would be important that such an [regulatory] agency focus on 
reducing existential risk and not issues that should be left to individual 
countries.” This statement attempts to not only detach the existing harms AI 
systems pose from hypothetical existential risks, but fails to recognise the 
fundamental engineering principle that harms compound. If current AI systems 
are indeed the foundations of a hypothetical AGI, as is often implied, then as 
they stand they too must be regulated to address current harms in preparation 
for further emergent behaviour, whether it be AGI or otherwise.

A pattern emerges that invoking the analogy to nuclear war often serves to 
inflame specific narratives, whether it be exclusive licensing, or an attempt 
to divert the regulatory conversation to focus on speculative future threats 
instead. Both having potentially harmful impacts. For the former, AI-based 
systems do not possess any unique software components that warrant a 
generalized licensing scheme that would not heavily impede the use of software 
and hardware as a whole. Indeed, any implementation of such a scheme would 
likely result in significant overreach due to the broad definition and software 
components of AI systems, lending basic blocks for technological advancements 
to be available to a privileged few. After all, current AI systems are built 
using traditional hardware and software components. Even Generative AI 
technologies utilise Deep Neural Networks, a technique that dates back to the 
1970’s. 

For the latter (abiding by the foundations of nuclear safety aside), current AI 
systems have demonstrated enough harms to warrant regulation even without an 
extinction threat. Nuclear-level regulation methodologies already exist for the 
very same hardware, software, and data components, ready to be adopted any day 
for AI labs to utilise for high-risk applications. Yet we have observed that 
the very pushback and lobbying by AI labs against the EU AI Act has proven to 
be fruitful, having already distracted from regulatory efforts relative to the 
harms posed by these AI systems today. A post by the European Commission 
reflected the exact wording of the extinction letter, "Mitigating the risk of 
extinction from AI should be a global priority”, a far cry from the risks 
outlined in the initial drafts of the act.

If AI labs are to consistently invoke exaggerated fears through comparisons to 
nuclear hazards, then they must be willing to take the analogy to completion. 
Ironically, if they were to explore the readily available safety mechanisms for 
nuclear components, they would be pressed to find inflammatory language 
supporting the use of terminology such as “extinction” and “existential risks”. 
Indeed, nuclear catastrophe is supported by known scientific and geo-political 
capabilities that have been theoretically and meticulously studied even during 
the Manhattan Project. The risks identified are tethered to tractable and 
compounding risks. Meanwhile, there exists no scientific basis or evidence for 
how or when AGI will emerge (if ever), leaving us with only a hypothetical risk 
that has capitulated many of our regulatory efforts today.

https://time.com/6327635/ai-needs-to-be-regulated-like-nuclear-weapons/
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