Defending Compute Thresholds Against Legal Loopholes

Existing legal frameworks on AI rely on training compute thresholds as a proxy to identify potentially-dangerous AI models and trigger increased regulatory attention. In the United States, Section 4.2(a) of Executive Order 14110 instructs the Secretary of Commerce to require extensive reporting from developers of AI models above a certain training compute threshold. In the European Union, Article 51 of the AI Act establishes a presumption that AI models above a certain compute threshold have high impact capabilities and hence pose systemic risk, thus subjecting their developers to several obligations including capability evaluations, reporting, and incident monitoring. In this paper, we examine some enhancement techniques that are capable of decreasing training compute usage while preserving, or even increasing, model capabilities. Since training compute thresholds rely on training compute as a metric and trigger for increased regulatory attention, these capability-enhancing and compute-saving techniques could constitute a legal loophole to existing training compute thresholds. In particular, we concentrate on four illustrative techniques (fine-tuning, model reuse, model expansion, and above compute-optimal inference compute) with the goal of furthering the conversation about their implications on training compute thresholds as a legal mechanism and advancing policy recommendations that could address the relevant legal loopholes.