The Shape of Code

The European Commission is updating the EU Machinery Directive, which covers the sale of machinery products within the EU. The updates include wording to deal with intelligent robots, and what the commission calls AI software (contained in machinery products).

The purpose of the initiative is to: “… (i) ensuring a high level of safety and protection for users of machinery and other people exposed to it; and (ii) establishing a high level of trust in digital innovative technologies for consumers and users, …”

What is AI software, and how is it different from non-AI software?

Answering these questions requires knowing what is, and is not, AI. The EU defines Artificial Intelligence as:

• ‘AI system’ means a system that is either software-based or embedded in hardware devices, and that displays behaviour simulating intelligence by, inter alia, collecting and processing data, analysing and interpreting its environment, and by taking action, with some degree of autonomy, to achieve specific goals;
• ‘autonomous’ means an AI system that operates by interpreting certain input, and by using a set of predetermined instructions, without being limited to such instructions, despite the system’s behaviour being constrained by and targeted at fulfilling the goal it was given and other relevant design choices made by its developer;

‘Simulating intelligence’ sounds reasonable, but actually just moves the problem on, to defining what is, or is not, intelligence. If intelligence is judged on an activity by activity bases, will self-driving cars be required to have the avoidance skills of a fly, while other activities might have to be on par with those of birds? There is a commission working document that defines: “Autonomous AI, or artificial super intelligence (ASI), is where AI surpasses human intelligence across all fields.”

The ‘autonomous’ component of the definition is so broad that it covers a wide range of programs that are not currently considered to be AI based.

The impact of the proposed update is that machinery products containing AI software are going to incur expensive conformance costs, which products containing non-AI software won’t have to pay.

Today it does not cost companies to claim that their systems are AI based. This will obviously change when a significant cost is involved. There is a parallel here with companies that used to claim that their beauty products provided medical benefits; the Federal Food and Drug Administration started requiring companies making such claims to submit their products to the new drug approval process (which is hideously expensive), companies switched to claiming their products provided “… the appearance of …”.

How are vendors likely to respond to the much higher costs involved in selling products that are considered to contain ‘AI software’?

Those involved in the development of products labelled as ‘safety critical’ try to prevent costs escalating by minimizing the amount of software treated as ‘safety critical’. Some of the arguments made for why some software is/is not considered safety critical can appear contrived (at least to me). It will be entertaining watching vendors, who once shouted “our products are AI based”, switching to arguing that only a tiny proportion of the code is actually AI based.

A mega-corp interested in having their ‘AI software’ adopted as an industry standard could fund the work necessary for the library/tool to be compliant with the EU directives. The cost of initial compliance might be within reach of smaller companies, but the cost of maintaining compliance as the product evolves is something that only a large company is likely to be able to afford.

The EU’s updating of its machinery directive is the first step towards formalising a legal definition of intelligence. Many years from now there will be a legal case that creates what later generation will consider to be the first legally accepted definition.