High-Risk AI Systems and the Problem of Identity in the European AI Act 文章

ArXiv CS.AI2026-05-26NEWSen作者: Andrea Ferrario

摘要

arXiv:2605.23922v1 Announce Type: cross Abstract: 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.