Antropic's Fable 5.1 (Kate Davey) - Revision history

Bodo at 16:24, 28 September 2026

2026-09-28T16:24:26Z

← Older revision		Revision as of 18:24, 28 September 2026
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	<p>'''Comment from Sebastián:''' Excelent work Kate! I would add to your last point that the EU has fallen behind in the AI race, which suggests that the governance ecosystem proposed through the AI Act may lack the technical capabilities to properly steer incumbents' behavior toward its desired goals. This could be seen as an additional institutional weakness.</p>		<p>'''Comment from Sebastián:''' Excelent work Kate! I would add to your last point that the EU has fallen behind in the AI race, which suggests that the governance ecosystem proposed through the AI Act may lack the technical capabilities to properly steer incumbents' behavior toward its desired goals. This could be seen as an additional institutional weakness.</p>

			<p>'''Comment from Bodo:''' this is an excellent overview of the formal institutions. with AI,  public imagination and the media/experts and various professionals' informal influence on the governance of Ai may also be relevant. how these would fit into the larger picture?</p>

Müller Tapia Sebastián at 21:26, 22 September 2026

2026-09-22T21:26:42Z

← Older revision		Revision as of 23:26, 22 September 2026
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	<p>'''Comment from Sebastián:''' Excelent work ~~Kare~~! I would add to your last point that the EU has fallen behind in the AI race, which suggests that the governance ecosystem proposed through the AI Act may lack the technical capabilities to properly steer incumbents' behavior toward its desired goals. This could be seen as an additional institutional weakness.</p>		<p>'''Comment from Sebastián:''' Excelent work Kate! I would add to your last point that the EU has fallen behind in the AI race, which suggests that the governance ecosystem proposed through the AI Act may lack the technical capabilities to properly steer incumbents' behavior toward its desired goals. This could be seen as an additional institutional weakness.</p>

Müller Tapia Sebastián at 21:26, 22 September 2026

2026-09-22T21:26:27Z

← Older revision		Revision as of 23:26, 22 September 2026
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	<p>Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human-centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.</p>		<p>Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human-centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.</p>
	<p>One weakness in its accountability: [https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng Article 43 (2)] "Conformity assessment" allows many high-risk systems to be checked by AI companies with no notified body. </p>		<p>One weakness in its accountability: [https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng Article 43 (2)] "Conformity assessment" allows many high-risk systems to be checked by AI companies with no notified body. </p>


			<p>'''Comment from Sebastián:''' Excelent work Kare! I would add to your last point that the EU has fallen behind in the AI race, which suggests that the governance ecosystem proposed through the AI Act may lack the technical capabilities to properly steer incumbents' behavior toward its desired goals. This could be seen as an additional institutional weakness.</p>

Davey Kate at 20:44, 22 September 2026

2026-09-22T20:44:12Z

← Older revision		Revision as of 22:44, 22 September 2026
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	<p>Kate Davey <br>September 21, 2026<br>A Patchwork of Governance: Anthropic’s Fable 5.1 <br>Word count: 491</p>		<p>Kate Davey <br>September 21, 2026<br>A Patchwork of Governance: Anthropic’s Fable 5.1 <br>Word count: 491</p>

	<br>'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''<p>Source of authority: Anthropic creates its own authority ~~as a Delaware based-corporation and~~ through creating the infrastructure of Claude including its own safeguards.</p>		<br>'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''<p>Source of authority: Anthropic creates its own authority through creating the infrastructure of Claude including its own safeguards.</p>
	Governing instrument: Anthropic governs itself with its own board and [https://www-cdn.anthropic.com/files/4zrzovbb/website/0bacdc8440ea96e62a8766d99ebe1d4eea6d5f3a.pdf Responsible Scaling Policy] (RSP). Its latest [https://www-cdn.anthropic.com/f61d49fa5596956a5dec75fea0e973bf6a6a8378/Redacted%20Risk%20Report%20August%202026%20.pdf risk report] is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. <p>Interest/Value it purports to protect: According to its own RSP it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. </p>		Governing instrument: Anthropic governs itself with its own board and [https://www-cdn.anthropic.com/files/4zrzovbb/website/0bacdc8440ea96e62a8766d99ebe1d4eea6d5f3a.pdf Responsible Scaling Policy] (RSP). Its latest [https://www-cdn.anthropic.com/f61d49fa5596956a5dec75fea0e973bf6a6a8378/Redacted%20Risk%20Report%20August%202026%20.pdf risk report] is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. <p>Interest/Value it purports to protect: According to its own RSP, it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. </p>
	One weakness in its accountability: Anthropic governs itself, it decides when and if external review happens.<br><br>'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' <br>Source of authority: [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&division=&title=&part=&chapter=&article=IV Article IV of California Constitution], the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. <p>Governing instrument: Transparency in Frontier Artificial Intelligence Act.</p>		One weakness in its accountability: Anthropic governs itself, it decides when and if external review happens.<br><br>'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' <br>Source of authority: [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&division=&title=&part=&chapter=&article=IV Article IV of California Constitution], the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. <p>Governing instrument: [https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=22757.10 Transparency in Frontier Artificial Intelligence Act].</p>
	<p>Interest/Value it purports to protect: The public from “catastrophic risk” as described from [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB53 Chapter 138], Legislative Counsel's Digest, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”</p>		<p>Interest/Value it purports to protect: The public from “catastrophic risk” as described from [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB53 Chapter 138], Legislative Counsel's Digest, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”</p>
	<p>One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).</p>		<p>One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).</p>

Davey Kate at 20:36, 22 September 2026

2026-09-22T20:36:40Z

← Older revision		Revision as of 22:36, 22 September 2026
Line 1:		Line 1:
	<p>Kate Davey <br>September 21, 2026<br>A Patchwork of Governance: Anthropic’s Fable 5.1 <br>Word count: 491</p>		<p>Kate Davey <br>September 21, 2026<br>A Patchwork of Governance: Anthropic’s Fable 5.1 <br>Word count: 491</p>

	<br>'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''<p>Source of authority: Anthropic creates its own authority as a Delaware-~~based~~ corporation and through creating the infrastructure of Claude including its own safeguards.</p>		<br>'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''<p>Source of authority: Anthropic creates its own authority as a Delaware based-corporation and through creating the infrastructure of Claude including its own safeguards.</p>
	Governing instrument: Anthropic governs itself with its own board and ~~Responsibility~~ Scaling Policy (RSP). Its latest risk report is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. ~~It’s worth noting Anthropic references catastrophic risk/harm/damages 20 times in its report.~~<p>Interest/Value it purports to protect: According to its own RSP it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. </p>		Governing instrument: Anthropic governs itself with its own board and [https://www-cdn.anthropic.com/files/4zrzovbb/website/0bacdc8440ea96e62a8766d99ebe1d4eea6d5f3a.pdf Responsible Scaling Policy] (RSP). Its latest [https://www-cdn.anthropic.com/f61d49fa5596956a5dec75fea0e973bf6a6a8378/Redacted%20Risk%20Report%20August%202026%20.pdf risk report] is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. <p>Interest/Value it purports to protect: According to its own RSP it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. </p>
	One weakness in its accountability: Anthropic governs itself~~. There is no~~ external ~~oversight board to say whether or not it is doing a good or even basic job~~.~~ ~~<br><br>'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' <br>Source of authority: Article IV of California Constitution, the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. <p>Governing instrument: ~~California Constitution ~~</p>		One weakness in its accountability: Anthropic governs itself, it decides when and if external review happens.<br><br>'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' <br>Source of authority: [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CONS&division=&title=&part=&chapter=&article=IV Article IV of California Constitution], the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. <p>Governing instrument: Transparency in Frontier Artificial Intelligence Act.</p>
	<p>Interest/Value it purports to protect: The public from “catastrophic risk” as described from Chapter 138, ~~Section 1~~, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”</p>		<p>Interest/Value it purports to protect: The public from “catastrophic risk” as described from [https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260SB53 Chapter 138], Legislative Counsel's Digest, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”</p>
	<p>One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).</p>		<p>One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).</p>

	<br>'''3. Executive Order 14409: Federal/Public''' <br>Source of authority: Article II of the Constitution. It is worth noting there is no comprehensive federal law governing AI in the United States, just Executive Orders. <p>Governing instrument: Executive Order 14409</p>		<br>'''3. Executive Order 14409: Federal/Public''' <br>Source of authority: [https://www.archives.gov/founding-docs/constitution-transcript Article II of the Constitution]. It is worth noting there is no comprehensive federal law governing AI in the United States, just Executive Orders. <p>Governing instrument: [https://www.federalregister.gov/documents/2026/06/05/2026-11415/promoting-advanced-artificial-intelligence-innovation-and-security Executive Order 14409]</p>
	<p>Interest/Value it purports to protect: National security & cybersecurity <br>“(a)~~ ~~ develop and maintain a classified benchmarking process to assess the advanced cyber capabilities of AI models and determine the threshold at which an AI model should be designated a “covered frontier model” for the purposes of this order, sharing such assessments with AI developers and researchers as appropriate.”</p>		<p>Interest/Value it purports to protect: National security & cybersecurity <br>“(a) develop and maintain a classified benchmarking process to assess the advanced cyber capabilities of AI models and determine the threshold at which an AI model should be designated a “covered frontier model” for the purposes of this order, sharing such assessments with AI developers and researchers as appropriate.”</p>
	<p>One weakness in its accountability: Benchmarks judging the models are classified and set by NSA director, and ~~no court section 5(c) no rights enforceable~~ in ~~court – also it’s a “voluntary framework~~.”</p>		<p>One weakness in its accountability: Benchmarks judging the models are classified and set by NSA director, and it's worth noting when Anthropic refused to allow Claude to be used for mass surveillance or autonomous weapons, the Department of Defense called it a "supply chain risk" under the Federal Acquisition Supply Chain Security Act [https://www.govinfo.gov/link/uscode/10/3252 10 U.S.C. § 3252] and [https://www.govinfo.gov/link/uscode/41/4713 41 U.S.C. § 4713], a designation a federal judge blocked in August 2026. </p>

	<br>'''4. European Union: Regulation (EU) 2024/1689 of the European Parliament and of the Council'''<p>Source of authority: AI Act / Treaty on the Functioning of the EU Articles 16 and 114<br>Governing instrument: AI Act, Regulation (EU) 2024/1689, Chapter V on general AI models. </p>		<br>'''4. European Union: Regulation (EU) 2024/1689 of the European Parliament and of the Council'''<p>Source of authority: [https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng AI Act / Treaty on the Functioning of the EU] [https://eur-lex.europa.eu/eli/treaty/tfeu_2016/art_16/oj Articles 16] and [https://eur-lex.europa.eu/eli/treaty/tfeu_2016/art_114/oj 114]<br>Governing instrument: [https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng AI Act, Regulation (EU) 2024/1689], Chapter V on general AI models. </p>
	<p>Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.</p>		<p>Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human-centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.</p>
	<p>One weakness in its accountability: ~~AI companies check their own work~~. Article 43 (2) ~~“providers shall follow the conformity~~ assessment ~~procedure based on internal control as referred~~ to ~~in Annex VI, which does not provide for the involvement of a~~ notified body.”</p>		<p>One weakness in its accountability: [https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng Article 43 (2)] "Conformity assessment" allows many high-risk systems to be checked by AI companies with no notified body. </p>

Davey Kate at 19:19, 21 September 2026

2026-09-21T19:19:02Z

← Older revision		Revision as of 21:19, 21 September 2026
Line 2:		Line 2:

	<br>'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''<p>Source of authority: Anthropic creates its own authority as a Delaware-based corporation and through creating the infrastructure of Claude including its own safeguards.</p>		<br>'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''<p>Source of authority: Anthropic creates its own authority as a Delaware-based corporation and through creating the infrastructure of Claude including its own safeguards.</p>

	Governing instrument: Anthropic governs itself with its own board and Responsibility Scaling Policy (RSP). Its latest risk report is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. It’s worth noting Anthropic references catastrophic risk/harm/damages 20 times in its report.<p>Interest/Value it purports to protect: According to its own RSP it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. </p>		Governing instrument: Anthropic governs itself with its own board and Responsibility Scaling Policy (RSP). Its latest risk report is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. It’s worth noting Anthropic references catastrophic risk/harm/damages 20 times in its report.<p>Interest/Value it purports to protect: According to its own RSP it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. </p>
			One weakness in its accountability: Anthropic governs itself. There is no external oversight board to say whether or not it is doing a good or even basic job. <br><br>'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' <br>Source of authority: Article IV of California Constitution, the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. <p>Governing instrument: California Constitution </p>
			<p>Interest/Value it purports to protect: The public from “catastrophic risk” as described from Chapter 138, Section 1, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”</p>
			<p>One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).</p>

	~~One weakness in its accountability: Anthropic governs itself. There is no external oversight board to say whether or not it is doing a good or even basic job. <br><br>~~		<br>'''3. Executive Order 14409: Federal/Public''' <br>Source of authority: Article II of the Constitution. It is worth noting there is no comprehensive federal law governing AI in the United States, just Executive Orders. <p>Governing instrument: Executive Order 14409</p>
			<p>Interest/Value it purports to protect: National security & cybersecurity <br>“(a)  develop and maintain a classified benchmarking process to assess the advanced cyber capabilities of AI models and determine the threshold at which an AI model should be designated a “covered frontier model” for the purposes of this order, sharing such assessments with AI developers and researchers as appropriate.”</p>
	'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' <br>Source of authority: Article IV of California Constitution, the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. <p>Governing instrument: California Constitution </p><p>Interest/Value it purports to protect: The public from “catastrophic risk” as described from Chapter 138, Section 1, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”</p><p>One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).</p>		<p>One weakness in its accountability: Benchmarks judging the models are classified and set by NSA director, and no court section 5(c) no rights enforceable in court – also it’s a “voluntary framework.”</p>

	<br>'''3. Executive Order 14409: Federal/Public''' <br>Source of authority: Article II of the Constitution. It is worth noting there is no comprehensive federal law governing AI in the United States, just Executive Orders. <p>Governing instrument: Executive Order 14409</p><p>Interest/Value it purports to protect: National security & cybersecurity <br>“(a)  develop and maintain a classified benchmarking process to assess the advanced cyber capabilities of AI models and determine the threshold at which an AI model should be designated a “covered frontier model” for the purposes of this order, sharing such assessments with AI developers and researchers as appropriate.”</p><p>One weakness in its accountability: Benchmarks judging the models are classified and set by NSA director, and no court section 5(c) no rights enforceable in court – also it’s a “voluntary framework.”</p>

	<br>4. European Union: Regulation (EU) 2024/1689 of the European Parliament and of the Council<p>Source of authority: AI Act / Treaty on the Functioning of the EU Articles 16 and 114<br>Governing instrument: AI Act, Regulation (EU) 2024/1689, Chapter V on general AI models. </p><p>Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.</p><p>One weakness in its accountability: AI companies check their own work. Article 43 (2) “providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body.”</p>		<br>'''4. European Union: Regulation (EU) 2024/1689 of the European Parliament and of the Council'''<p>Source of authority: AI Act / Treaty on the Functioning of the EU Articles 16 and 114<br>Governing instrument: AI Act, Regulation (EU) 2024/1689, Chapter V on general AI models. </p>
			<p>Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.</p>
			<p>One weakness in its accountability: AI companies check their own work. Article 43 (2) “providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body.”</p>

Davey Kate: Created page with "
Kate Davey
September 21, 2026
A Patchwork of Governance: Anthropic’s Fable 5.1
Word count: 491

'''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''
Source of authority: Anthropic creates its own authority as a Delaware-based corporation and through creating the infrastructure of Claude including its own safeguards.
Governing instrument: Anthropic governs itself with its own board and Responsibility Scaling Policy (RSP). It..."

2026-09-21T19:17:43Z

Created page with "Kate Davey September 21, 2026 A Patchwork of Governance: Anthropic’s Fable 5.1 Word count: 491 '''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''Source of authority: Anthropic creates its own authority as a Delaware-based corporation and through creating the infrastructure of Claude including its own safeguards. Governing instrument: Anthropic governs itself with its own board and Responsibility Scaling Policy (RSP). It..."

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Kate Davey September 21, 2026 A Patchwork of Governance: Anthropic’s Fable 5.1 Word count: 491

 '''1. AI Model: Claude Fable 5.1: Anthropic board: non-state '''Source of authority: Anthropic creates its own authority as a Delaware-based corporation and through creating the infrastructure of Claude including its own safeguards.

Governing instrument: Anthropic governs itself with its own board and Responsibility Scaling Policy (RSP). Its latest risk report is from August 2026 and its most updated Responsible Scaling Policy is from July 8, 2026. It’s worth noting Anthropic references catastrophic risk/harm/damages 20 times in its report.Interest/Value it purports to protect: According to its own RSP it purports “Anticipating and securing against emerging threats that accompany increasingly powerful models.” In other words, preventing misuse and catastrophic risk. 

One weakness in its accountability: Anthropic governs itself. There is no external oversight board to say whether or not it is doing a good or even basic job.  

'''2. SB-53 Artificial intelligence models: large developers: California State/Public''' Source of authority: Article IV of California Constitution, the “Artificial intelligence models: large developers” bill passed both houses and Governor Newsom signed it September 29, 2025. Governing instrument: California Constitution Interest/Value it purports to protect: The public from “catastrophic risk” as described from Chapter 138, Section 1, by requiring “a summary of any assessment of catastrophic risk, as defined, resulting from internal use of its frontier models, as specified.”One weakness in its accountability: AI companies, including Anthropic, create their own framework against which they are evaluated. Section (1) 22757.12. (a).

 '''3. Executive Order 14409: Federal/Public''' Source of authority: Article II of the Constitution. It is worth noting there is no comprehensive federal law governing AI in the United States, just Executive Orders. Governing instrument: Executive Order 14409Interest/Value it purports to protect: National security & cybersecurity “(a)  develop and maintain a classified benchmarking process to assess the advanced cyber capabilities of AI models and determine the threshold at which an AI model should be designated a “covered frontier model” for the purposes of this order, sharing such assessments with AI developers and researchers as appropriate.”One weakness in its accountability: Benchmarks judging the models are classified and set by NSA director, and no court section 5(c) no rights enforceable in court – also it’s a “voluntary framework.”

 4. European Union: Regulation (EU) 2024/1689 of the European Parliament and of the CouncilSource of authority: AI Act / Treaty on the Functioning of the EU Articles 16 and 114 Governing instrument: AI Act, Regulation (EU) 2024/1689, Chapter V on general AI models. Interest/Value it purports to protect: Article 1 (1) “to promote the uptake of human centric and trustworthy artificial intelligence (AI)” to ensure the protection of health, safety, and fundamental rights.One weakness in its accountability: AI companies check their own work. Article 43 (2) “providers shall follow the conformity assessment procedure based on internal control as referred to in Annex VI, which does not provide for the involvement of a notified body.”