Robustness and Cybersecurity in the EU Artificial Intelligence Act

Henrik Nolte · Miriam Rateike

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Digitalization, Law, and Regulation Ethics and Social Impacts of AI Law, AI, and Intellectual Property

Abstract

The EU Artificial Intelligence Act (AIA) establishes different legal principles for different types of AI systems.While prior work has sought to clarify some of these principles, little attention has been paid to robustness and cybersecurity.This paper aims to fill this gap.We identify legal challenges and shortcomings in provisions related to robustness and cybersecurity for high-risk AI systems (Art.15 AIA) and general-purpose AI models (Art.55 AIA).We show that robustness and cybersecurity demand resilience against performance disruptions.Furthermore, we assess potential challenges in implementing these provisions in light of recent advancements in the machine learning (ML) literature.Our analysis informs efforts to develop harmonized standards, guidelines by the European Commission, as well as benchmarks and measurement methodologies under Art.15(2) AIA.With this, we seek to bridge the gap between legal terminology and ML research, fostering a better alignment between research and implementation efforts.

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2017Algorithmic Decision Making and the Cost of Fairness 2020Algorithmic Fairness: Choices, Assumptions, and Definitions 2016To Predict and Serve?2021AI-Driven Cybersecurity: An Overview, Security Intelligence Modeling and Research Directions 2023Trustworthy artificial intelligence and the European Union AI act: On the conflation of trustworthiness and acceptability of risk 1996Accountability in a computerized society 2020Fairness is not static 2023Proceedings of the 2023 AAAI/ACM Conference on AI, Ethics, and Society

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