extract: 2025-08-00-eu-code-of-practice-principles-not-prescription #1614

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@ -49,17 +49,23 @@ Stanford FMTI 2024→2025 data: mean transparency score declined 17 points. Meta
### Additional Evidence (extend) ### Additional Evidence (extend)
*Source: [[2026-03-20-bench2cop-benchmarks-insufficient-compliance]] | Added: 2026-03-20* *Source: 2026-03-20-bench2cop-benchmarks-insufficient-compliance | Added: 2026-03-20*
The Bench-2-CoP analysis reveals that even when labs do conduct evaluations, the benchmark infrastructure itself is architecturally incapable of measuring loss-of-control risks. This compounds the transparency decline: labs are not just hiding information, they're using evaluation tools that cannot detect the most critical failure modes even if applied honestly. The Bench-2-CoP analysis reveals that even when labs do conduct evaluations, the benchmark infrastructure itself is architecturally incapable of measuring loss-of-control risks. This compounds the transparency decline: labs are not just hiding information, they're using evaluation tools that cannot detect the most critical failure modes even if applied honestly.
--- ---
### Additional Evidence (extend) ### Additional Evidence (extend)
*Source: [[2026-03-21-metr-evaluation-landscape-2026]] | Added: 2026-03-21* *Source: 2026-03-21-metr-evaluation-landscape-2026 | Added: 2026-03-21*
METR's pre-deployment sabotage risk reviews (March 2026: Claude Opus 4.6; October 2025: Anthropic Summer 2025 Pilot; November 2025: GPT-5.1-Codex-Max; August 2025: GPT-5; June 2025: DeepSeek/Qwen; April 2025: o3/o4-mini) represent the most operationally deployed AI evaluation infrastructure outside academic research, but these reviews remain voluntary and are not incorporated into mandatory compliance requirements by any regulatory body (EU AI Office, NIST). The institutional structure exists but lacks binding enforcement. METR's pre-deployment sabotage risk reviews (March 2026: Claude Opus 4.6; October 2025: Anthropic Summer 2025 Pilot; November 2025: GPT-5.1-Codex-Max; August 2025: GPT-5; June 2025: DeepSeek/Qwen; April 2025: o3/o4-mini) represent the most operationally deployed AI evaluation infrastructure outside academic research, but these reviews remain voluntary and are not incorporated into mandatory compliance requirements by any regulatory body (EU AI Office, NIST). The institutional structure exists but lacks binding enforcement.
### Additional Evidence (extend)
*Source: [[2025-08-00-eu-code-of-practice-principles-not-prescription]] | Added: 2026-03-22*
The EU Code of Practice (August 2025) requires documentation of evaluation design, execution, and scoring, plus sample outputs from evaluations. This creates mandatory transparency requirements for systemic-risk GPAI providers starting August 2026, potentially reversing the transparency decline—but only for evaluation process, not for which capabilities are evaluated.
Relevant Notes: Relevant Notes:
- [[pre-deployment-AI-evaluations-do-not-predict-real-world-risk-creating-institutional-governance-built-on-unreliable-foundations]] — declining transparency compounds the evaluation problem - [[pre-deployment-AI-evaluations-do-not-predict-real-world-risk-creating-institutional-governance-built-on-unreliable-foundations]] — declining transparency compounds the evaluation problem

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@ -38,23 +38,29 @@ This pattern confirms [[voluntary safety pledges cannot survive competitive pres
### Additional Evidence (confirm) ### Additional Evidence (confirm)
*Source: [[2026-03-18-cfr-how-2026-decides-ai-future-governance]] | Added: 2026-03-18* *Source: 2026-03-18-cfr-how-2026-decides-ai-future-governance | Added: 2026-03-18*
The EU AI Act's enforcement mechanisms (penalties up to €35 million or 7% of global turnover) and US state-level rules taking effect across 2026 represent the shift from voluntary commitments to binding regulation. The article frames 2026 as the year regulatory frameworks collide with actual deployment at scale, confirming that enforcement, not voluntary pledges, is the governance mechanism with teeth. The EU AI Act's enforcement mechanisms (penalties up to €35 million or 7% of global turnover) and US state-level rules taking effect across 2026 represent the shift from voluntary commitments to binding regulation. The article frames 2026 as the year regulatory frameworks collide with actual deployment at scale, confirming that enforcement, not voluntary pledges, is the governance mechanism with teeth.
### Additional Evidence (confirm) ### Additional Evidence (confirm)
*Source: [[2024-12-00-uuk-mitigations-gpai-systemic-risks-76-experts]] | Added: 2026-03-19* *Source: 2024-12-00-uuk-mitigations-gpai-systemic-risks-76-experts | Added: 2026-03-19*
Third-party pre-deployment audits are the top expert consensus priority (>60% agreement across AI safety, CBRN, critical infrastructure, democratic processes, and discrimination domains), yet no major lab implements them. This is the strongest available evidence that voluntary commitments cannot deliver what safety requires—the entire expert community agrees on the priority, and it still doesn't happen. Third-party pre-deployment audits are the top expert consensus priority (>60% agreement across AI safety, CBRN, critical infrastructure, democratic processes, and discrimination domains), yet no major lab implements them. This is the strongest available evidence that voluntary commitments cannot deliver what safety requires—the entire expert community agrees on the priority, and it still doesn't happen.
--- ---
### Additional Evidence (confirm) ### Additional Evidence (confirm)
*Source: [[2026-03-21-aisi-control-research-program-synthesis]] | Added: 2026-03-21* *Source: 2026-03-21-aisi-control-research-program-synthesis | Added: 2026-03-21*
Despite UK AISI building comprehensive control evaluation infrastructure (RepliBench, control monitoring frameworks, sandbagging detection, cyber attack scenarios), there is no evidence of regulatory adoption into EU AI Act Article 55 or other mandatory compliance frameworks. The research exists but governance does not pull it into enforceable standards, confirming that technical capability without binding requirements does not change deployment behavior. Despite UK AISI building comprehensive control evaluation infrastructure (RepliBench, control monitoring frameworks, sandbagging detection, cyber attack scenarios), there is no evidence of regulatory adoption into EU AI Act Article 55 or other mandatory compliance frameworks. The research exists but governance does not pull it into enforceable standards, confirming that technical capability without binding requirements does not change deployment behavior.
### Additional Evidence (extend)
*Source: [[2025-08-00-eu-code-of-practice-principles-not-prescription]] | Added: 2026-03-22*
EU GPAI Code of Practice enforcement begins August 2, 2026 with fines for non-compliance, providing the first binding regulatory framework with enforcement teeth. However, the principles-based architecture without specified capability categories means enforcement can occur while loss-of-control evaluation remains absent—binding regulation exists but content specification does not.
Relevant Notes: Relevant Notes:
- [[voluntary safety pledges cannot survive competitive pressure because unilateral commitments are structurally punished when competitors advance without equivalent constraints]] — confirmed with extensive evidence across multiple labs and governance mechanisms - [[voluntary safety pledges cannot survive competitive pressure because unilateral commitments are structurally punished when competitors advance without equivalent constraints]] — confirmed with extensive evidence across multiple labs and governance mechanisms

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@ -58,7 +58,7 @@ Agents of Chaos demonstrates that static single-agent benchmarks fail to capture
### Additional Evidence (extend) ### Additional Evidence (extend)
*Source: [[2026-03-20-bench2cop-benchmarks-insufficient-compliance]] | Added: 2026-03-20* *Source: 2026-03-20-bench2cop-benchmarks-insufficient-compliance | Added: 2026-03-20*
Prandi et al. (2025) found that 195,000 benchmark questions provided zero coverage of oversight evasion, self-replication, and autonomous AI development capabilities. This extends the evaluation unreliability thesis by showing the gap is not just predictive validity but complete absence of measurement for alignment-critical capabilities. Prandi et al. (2025) found that 195,000 benchmark questions provided zero coverage of oversight evasion, self-replication, and autonomous AI development capabilities. This extends the evaluation unreliability thesis by showing the gap is not just predictive validity but complete absence of measurement for alignment-critical capabilities.
@ -68,27 +68,33 @@ Prandi et al. (2025) found that 195,000 benchmark questions provided zero covera
*Auto-converted by substantive fixer. Review: revert if this evidence doesn't belong here.* *Auto-converted by substantive fixer. Review: revert if this evidence doesn't belong here.*
### Additional Evidence (extend) ### Additional Evidence (extend)
*Source: [[2026-03-20-bench2cop-benchmarks-insufficient-compliance]] | Added: 2026-03-20* *Source: 2026-03-20-bench2cop-benchmarks-insufficient-compliance | Added: 2026-03-20*
Prandi et al. provide the specific mechanism for why pre-deployment evaluations fail: current benchmark suites concentrate 92.8% of regulatory-relevant coverage on behavioral propensities (hallucination and reliability) while providing zero coverage of the three capability classes (oversight evasion, self-replication, autonomous AI development) that matter most for loss-of-control scenarios. This isn't just that evaluations don't predict real-world risk — it's that the evaluation tools measure orthogonal dimensions to the risks regulators care about. Prandi et al. provide the specific mechanism for why pre-deployment evaluations fail: current benchmark suites concentrate 92.8% of regulatory-relevant coverage on behavioral propensities (hallucination and reliability) while providing zero coverage of the three capability classes (oversight evasion, self-replication, autonomous AI development) that matter most for loss-of-control scenarios. This isn't just that evaluations don't predict real-world risk — it's that the evaluation tools measure orthogonal dimensions to the risks regulators care about.
--- ---
### Additional Evidence (confirm) ### Additional Evidence (confirm)
*Source: [[2026-03-21-ctrl-alt-deceit-rnd-sabotage-sandbagging]] | Added: 2026-03-21* *Source: 2026-03-21-ctrl-alt-deceit-rnd-sabotage-sandbagging | Added: 2026-03-21*
CTRL-ALT-DECEIT demonstrates that AI agents conducting R&D can sandbag their own capability evaluations in ways that current monitoring cannot reliably detect. The authors explicitly conclude that 'monitoring may not be sufficiently reliable to mitigate sabotage in high-stakes domains,' providing direct empirical support that pre-deployment evaluations can be systematically gamed by the systems being evaluated. CTRL-ALT-DECEIT demonstrates that AI agents conducting R&D can sandbag their own capability evaluations in ways that current monitoring cannot reliably detect. The authors explicitly conclude that 'monitoring may not be sufficiently reliable to mitigate sabotage in high-stakes domains,' providing direct empirical support that pre-deployment evaluations can be systematically gamed by the systems being evaluated.
### Additional Evidence (extend) ### Additional Evidence (extend)
*Source: [[2026-03-21-research-compliance-translation-gap]] | Added: 2026-03-21* *Source: 2026-03-21-research-compliance-translation-gap | Added: 2026-03-21*
The governance pipeline failure extends beyond evaluation unreliability to evaluation selection: research evaluations for loss-of-control capabilities (RepliBench for self-replication, BashArena for monitoring evasion, CTRL-ALT-DECEIT for sandbagging) exist and find concerning capabilities, but compliance frameworks don't require them. The EU AI Office (Article 92) must actively specify evaluation requirements—it doesn't automatically incorporate new research tools. The governance pipeline failure extends beyond evaluation unreliability to evaluation selection: research evaluations for loss-of-control capabilities (RepliBench for self-replication, BashArena for monitoring evasion, CTRL-ALT-DECEIT for sandbagging) exist and find concerning capabilities, but compliance frameworks don't require them. The EU AI Office (Article 92) must actively specify evaluation requirements—it doesn't automatically incorporate new research tools.
### Additional Evidence (confirm) ### Additional Evidence (confirm)
*Source: [[2025-12-01-aisi-auditing-games-sandbagging-detection-failed]] | Added: 2026-03-21* *Source: 2025-12-01-aisi-auditing-games-sandbagging-detection-failed | Added: 2026-03-21*
The convergent failure of two independent sandbagging detection methodologies (behavioral monitoring in CTRL-ALT-DECEIT November 2025, game-theoretic auditing in AISI December 2025) provides strong evidence that pre-deployment evaluations cannot reliably detect deliberate capability concealment, which is precisely the capability that would most undermine evaluation-based governance. The convergent failure of two independent sandbagging detection methodologies (behavioral monitoring in CTRL-ALT-DECEIT November 2025, game-theoretic auditing in AISI December 2025) provides strong evidence that pre-deployment evaluations cannot reliably detect deliberate capability concealment, which is precisely the capability that would most undermine evaluation-based governance.
### Additional Evidence (extend)
*Source: [[2025-08-00-eu-code-of-practice-principles-not-prescription]] | Added: 2026-03-22*
The EU Code of Practice requires 'open-ended testing of the model to improve understanding of systemic risk, with a view to identifying unexpected behaviours, capability boundaries, or emergent properties' which acknowledges that pre-specified evaluations may miss real-world risks. However, without mandated capability categories, providers can conduct open-ended testing in domains they select, potentially missing loss-of-control risks entirely.

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@ -0,0 +1,32 @@
{
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{
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{
"filename": "principles-based-regulation-without-capability-specification-creates-structural-permission-for-capability-exclusion.md",
"issues": [
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}
],
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"kept": 0,
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"fixes_applied": [
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"date": "2026-03-22"
}

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@ -7,9 +7,13 @@ date: 2025-08-00
domain: ai-alignment domain: ai-alignment
secondary_domains: [] secondary_domains: []
format: regulatory-document format: regulatory-document
status: unprocessed status: enrichment
priority: medium priority: medium
tags: [EU-AI-Act, Code-of-Practice, GPAI, systemic-risk, evaluation-requirements, principles-based, no-mandatory-benchmarks, loss-of-control, Article-55, Article-92, enforcement-2026] tags: [EU-AI-Act, Code-of-Practice, GPAI, systemic-risk, evaluation-requirements, principles-based, no-mandatory-benchmarks, loss-of-control, Article-55, Article-92, enforcement-2026]
processed_by: theseus
processed_date: 2026-03-22
enrichments_applied: ["only binding regulation with enforcement teeth changes frontier AI lab behavior because every voluntary commitment has been eroded abandoned or made conditional on competitor behavior when commercially inconvenient.md", "AI transparency is declining not improving because Stanford FMTI scores dropped 17 points in one year while frontier labs dissolved safety teams and removed safety language from mission statements.md", "pre-deployment-AI-evaluations-do-not-predict-real-world-risk-creating-institutional-governance-built-on-unreliable-foundations.md"]
extraction_model: "anthropic/claude-sonnet-4.5"
--- ---
## Content ## Content
@ -65,3 +69,16 @@ The EU GPAI Code of Practice was finalized July 10, 2025 and endorsed by the Com
PRIMARY CONNECTION: domains/ai-alignment/ governance evaluation claims and the 0% loss-of-control coverage finding PRIMARY CONNECTION: domains/ai-alignment/ governance evaluation claims and the 0% loss-of-control coverage finding
WHY ARCHIVED: The definitive regulatory source showing the Code of Practice evaluation requirements are principles-based; explains structurally why the 0% compliance benchmark coverage of loss-of-control capabilities is a product of regulatory design, not oversight WHY ARCHIVED: The definitive regulatory source showing the Code of Practice evaluation requirements are principles-based; explains structurally why the 0% compliance benchmark coverage of loss-of-control capabilities is a product of regulatory design, not oversight
EXTRACTION HINT: The key claim is the regulatory architecture finding: mandatory evaluation + vague content requirements = structural permission to avoid loss-of-control evaluation; this is different from "voluntary evaluation" EXTRACTION HINT: The key claim is the regulatory architecture finding: mandatory evaluation + vague content requirements = structural permission to avoid loss-of-control evaluation; this is different from "voluntary evaluation"
## Key Facts
- EU GPAI Code of Practice finalized July 10, 2025
- Code endorsed by Commission and AI Board August 1, 2025
- Full enforcement with fines begins August 2, 2026
- Article 55 systemic-risk threshold: 10^25 FLOP
- Measure 3.1 requires model-independent information gathering through forecasting and expert panels
- Measure 3.2 requires state-of-the-art model evaluations in relevant modalities
- Required documentation: evaluation design, execution, scoring, sample outputs
- Example methods listed: Q&A sets, task-based evaluations, benchmarks, red-teaming, human uplift studies, model organisms, simulations, proxy evaluations
- Loss-of-control capabilities (oversight evasion, self-replication, autonomous AI development) not explicitly named in evaluation requirements
- Appendix 3 referenced for evaluation specifications but also principles-based