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    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>AI Trustworthiness in Industry - a Policy</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Polina Petrova</string-name>
          <email>polina.petrova@netlaw.bg</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Denitsa Kozhuharova</string-name>
          <email>denitsa.kozhuharova@netlaw.bg</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Jan Mayer</string-name>
          <email>mayer@tu-berlin.de</email>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Law and Internet Foundation</institution>
          ,
          <addr-line>54 Bulgarska Morava Str., Fl. 7, Sofia, 1303</addr-line>
          ,
          <country country="BG">Bulgaria</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>Technical University of Berlin</institution>
          ,
          <addr-line>Pascalstraße 8-9, 10587, Berlin</addr-line>
          ,
          <country country="DE">Germany</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>Exploring the significance and implementation of trustworthiness in artificial intelligence (AI) within the industrial context forms the core theme of this study, highlighting the crucial role of AI's expanding influence in key sectors. It emphasizes key trustworthiness dimensions including robustness, transparency, and fairness, essential for user trust. The work discusses the challenges in implementing these principles, particularly in ethical integration and public trust maintenance. A focus is placed on the EU's AI Act, which introduces a risk-based regulatory framework categorizing AI systems into various risk levels with corresponding regulations. Additionally, the paper examines the relationship between ethics and AI legislation, noting the influence of ethical guidelines on regulatory practices. It then proposes a Trustworthy System Framework for Zero Defect Manufacturing in the industry, incorporating "Trustworthy Pillars", compliance with regulations, robust technical infrastructure, human interaction considerations, process integrity, and operational stability. This framework is designed to enhance the trustworthiness of AI systems in an industrial setting.</p>
      </abstract>
      <kwd-group>
        <kwd>eol&gt;Trustworthy AI</kwd>
        <kwd>Industrial AI</kwd>
        <kwd>AI Policy</kwd>
        <kwd>Trustworthy Systems</kwd>
        <kwd>Framework Development</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>-</title>
      <p>
        2. The AI Act: What Do the Latest Developments Mean for
AIpowered Industry?
The rapid progress of AI-driven technologies has led to the urgent need for an adequate and
up-todate legal framework. While aiming to boost research and industrial capacity, ensuring safety and
protection of fundamental rights is of supreme importance [
        <xref ref-type="bibr" rid="ref5">5</xref>
        ]. Striving to address core grounds and
potential risks, EU legislators have thus paved the way to the Artificial Intelligence Act (hereinafter
“AI Act”) [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ].
      </p>
      <p>
        The process of drafting has taken a couple of years, and the EU has worked on different aspects
and identified the most vital standards that must be covered by the legislative response. The final
steps in this regard were taken in 2023. In June 2023, the European Parliament released its official
position, thereby announcing the main requirements to be included: ban of biometric surveillance,
emotion recognition, predictive policing, the need of disclosure that content was AI-generated, as
well as the high-risk effect of the involvement of AI systems in elections [
        <xref ref-type="bibr" rid="ref7">7</xref>
        ].
      </p>
      <p>
        In December 2023, The Members of the European Parliament (hereinafter “MEPs”) reached a
political deal with the Council on a Bill to ensure AI in Europe is safe, respects fundamental rights
and democracy, while businesses can thrive and expand. The concluded negotiations are a
provisional agreement on the AI Act, with the overall unifying goal being to ensure that
fundamental rights, democracy, the rule of law and environmental sustainability are protected from
high-risk AI, while boosting innovation and making Europe a leader in the field. The rules establish
obligations for AI based on its potential risks and level of impact [
        <xref ref-type="bibr" rid="ref8">8</xref>
        ].
      </p>
      <p>
        Over the next few weeks, representatives from the EU institutions shall keep polishing any
outstanding technical aspects. In the first half of 2024, the final text shall be presented for approval
to the European Parliament and the Council. The approved version shall be published in the Official
Journal after it has been translated into the EU's official languages. The implementation period shall
then commence twenty days after the publication of the AI Act [
        <xref ref-type="bibr" rid="ref9">9</xref>
        ].
      </p>
      <p>
        It has been agreed that the goal of the EP is to ensure that created and used AI systems are “safe,
transparent, traceable, non-discriminatory and environmentally friendly”. The prevention of
harmful outcomes has also been addressed when it comes to human monitoring. A risk-assessment
methodology has been used by the Parliament when approaching this legislation. In other words, the
level of potential risks must be addressed and based on that, obligations may be imposed on
providers or users. The following paragraphs are dedicated to the types of identified risks [
        <xref ref-type="bibr" rid="ref10">10</xref>
        ].
      </p>
      <p>
        Unacceptable Risk: The AI systems that fall under this category are considered as people
threatening and are going to be prohibited. They could include: “Cognitive behavioural
manipulation of people or specific vulnerable groups: for example, voice-activated toys that
encourage dangerous behaviour in children; Social scoring: classifying people based on behaviour,
socio-economic status or personal characteristics; Real-time and remote biometric identification
systems, such as facial recognition”. Potential exceptions could be introduced such as related to
crime prevention [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ].
      </p>
      <p>
        High Risk: The high-risk AI systems are such that can be a treat to safety or fundamental rights.
Parties that are creating them should comply with regulations that demand thorough testing,
appropriate documentation and a responsibility structure that envisages human oversight. They
shall have to be analysed and evaluated prior to being allowed to be distributed, as well as after that.
According to the AI Act, they shall be divided into 2 main categories [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ]:
• Falling under the scope of EU product safety legislation;
• 8 areas that are going to have to be registered in an EU database:
o Biometric identification and categorization of people;
o Management and operation of critical infrastructure;
o Education and vocational training;
o Employment, worker management and access to self-employment;
o Access to essential private and public services and benefits;
o Law enforcement;
o Migration, asylum and border control management;
o Legal assistance.
      </p>
      <p>
        Limited Risk: Only minimal transparency requirements shall be imposed for this category, with
the aim being to give the opportunity to users to make informed decisions. The system must make it
clear that users are interacting with AI [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ].
      </p>
      <p>
        Minimal or No Risk: Most of the current AI systems in the EU fall under this category,
including applications such as AI-enabled video games or spam filters [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ].
      </p>
      <p>
        Generative AI shall have to implement transparency requirements [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ]:
• AI generated content disclosure;
• Designing models to prevent generating illegal content;
• Publishing summaries of copyrighted data used for training.
      </p>
      <p>
        Apart from assessing the danger posed by AI systems, safeguarding the rights of citizens is also a
top priority. Nonetheless, research on AI-based systems may be conducted under open-source
licenses to further encourage innovation. Before the system is released to the market, it is integrated
into an open test environment for public testing. In addition, the public is urged to make complaints
as appropriate and to be aware of choices made using high-risk AI systems that may jeopardize their
rights [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ].
      </p>
    </sec>
    <sec id="sec-2">
      <title>3. Does Ethics Influence Legislation?</title>
      <p>
        Constituting e set of moral principles, ethics assist in discerning between right and wrong, thereby
serving as guidelines for best practice. Engaged with the study of optimizing AI’s beneficial impact
while reducing risks and adverse outcomes, AI ethics is thus a multidisciplinary field. Ethics has a
motivating role during regulatory and legislative processes and oftentimes serves as an inspiration
for the creation of new regulatory instruments, for revisions of existing legislation, or for abolishing
such. Yet, what ethics is not capable of achieving, but regulation does, is codifying and enforcing
ethically desirable behavior [
        <xref ref-type="bibr" rid="ref11">11</xref>
        ].
      </p>
      <p>
        An ongoing debate has been taking place in respect of having ethical guidelines and/or principles
navigating AI development instead of actual AI regulation. The two colliding views being that, on
the one hand, ethics-driven self-regulation can take the place of external regulation, whilst, on the
other, it is recalled that the principles do not provide clarity as to how it may be ascertained that a
company follows AI ethics principles. To avoid misunderstanding the role of ethical governance, it
must be noted that ethics is not intended to replace regulation. It is a way to conclude what kind of
regulation is needed. Therefore, to safeguard that AI ethics possess the ability to uncover ethical
issues in a timely manner, thereby serving as a step towards creating appropriate legislation, ethics
must be able to accompany the development of AI [
        <xref ref-type="bibr" rid="ref11">11</xref>
        ].
      </p>
      <p>
        With ongoing developments both on national and international fronts, the rather infant legislative
framework governing AI is inevitably sure to come. As oftentimes, legislation lags innovation,
particularly in the context of AI, proactive measures may still be applied through the help of the
principles of ethical use of AI. For example, the Ethics Guidelines for Trustworthy AI (April 2019) [
        <xref ref-type="bibr" rid="ref12">12</xref>
        ],
the Assessment List for Trustworthy Artificial Intelligence (ALTAI) (end of 2020) [
        <xref ref-type="bibr" rid="ref13">13</xref>
        ], as well as the
White Paper on Artificial Intelligence (February 2020) [
        <xref ref-type="bibr" rid="ref14">14</xref>
        ], have all preceded the AI Act [
        <xref ref-type="bibr" rid="ref6">6</xref>
        ]. All in all,
there is undoubtedly an interplay between ethics and legislation, with ethical considerations
underpinning much of the regulatory efforts surrounding AI. In any case, as legislation is constantly
evolving, the sound approach to AI ethics calls for always complying with the following principles
that form the bedrock for responsible AI development and use:
• Transparency and Explainability – AI systems should provide understandable
explanations for their decisions and actions, ensuring transparency in their functioning.
• Fairness &amp; Bias – to prevent biases and discrimination, AI systems must be developed and
trained with a commitment to fairness in decision-making.
• Accountability – designers of AI systems should be held accountable for the impact of
their creations, fostering responsibility in the development process.
• Privacy – respecting user data privacy and handling sensitive information appropriately
are fundamental tenets of ethical AI.
• Safety – especially in applications like autonomous AI, such as autonomous vehicles and
robotics, AI systems should be designed to operate safely, minimizing potential impacts on
environments and people.
• Social Impact – considerations for positive social impact, including efforts on jobs,
economic equality, and social structures, should be integral to AI system design [15].
4. Practical Aspects of Trustworthiness in an Industrial Context
Using specific aspects towards gaining trustworthiness centers its discussion on the establishment
of a conceptual framework that is specifically designed to serve as the foundation for ensuring the
trustworthiness of systems within the industrial context. This framework is informed by insights
gathered from a comprehensive literature review, as well as the analysis of various structural
solutions and holistic approaches that are relevant to the concept of Zero-Defect Manufacturing
(ZDM) when applied to the industrial setting. The linkage between ZDM and trustworthiness is
rooted in the premise that ZDM not only aims to minimize production flaws to the barest minimum
but also inherently enhances the reliability and quality of manufacturing processes, thereby
fostering trust among stakeholders. Thus, trust is paramount, and it is cultivated through consistent
delivery of defect-free products, which signals a company's commitment to excellence and reliability.
By integrating advanced technologies, such as real-time monitoring, predictive analytics, and
precision engineering, ZDM frameworks provide a proactive approach to identifying and mitigating
potential defects before they occur. This proactive behavior not only improves product quality but
also significantly reduces the likelihood of costly recalls and reputational damage, further
solidifying stakeholder trust.
      </p>
      <p>One of the key components of this framework is the identification and incorporation of what are
known as the "Trustworthy Pillars." These pillars are derived from the main characteristics that
have been identified through the literature review. Moreover, these pillars align with the different
facets of trustworthiness as described by [16]. This standard creates emphasis on the universality of
these trustworthiness facets, asserting that they are relevant not only to all systems but also to the
core services within the industrial sector as well.</p>
      <p>It is important to note that the environment in which a system operates plays a crucial and
significant role in determining its overall trustworthiness. This encompasses the system's
compliance with various external regulations, including those that are mandated by the EU and
other countries where the industrial solutions are deployed. To further elaborate, regulations are
defined by the Organisation for Economic Co-operation and Development (OECD) and the Centre
for Co-operation with European Economies in Transition [17] as the imposition of rules that are
enforced by the government, with penalties being imposed for non-compliance. These regulations,
along with the internal and external standards that are in place, are integral components of the
Trustworthy System Framework (TSFr) that has been specifically designed for the industrial sector
(Figure 1).</p>
      <p>The integration of core services into a multi-layered framework, as suggested by [18], efficiently
structures software development by segregating functionalities into distinct layers such as advisory,
analytical, and data layers. This architecture enhances modularity, facilitating focused development
within each layer while maintaining system-wide cohesion. A generic adaptation of this model
includes additional layers like edge, storage, and visualization, interconnected through specialized
services for data integration, transformation, and secure communication. Key to this framework is
the incorporation of security mechanisms and workload optimization solutions, such as blockchain
for traceability and AI for edge computing efficiency. This design approach not only simplifies
complex software system development but also boosts scalability, flexibility, and security, offering a
robust foundation for building dependable software solutions.</p>
      <p>Another critical factor which has significant influence on the trustworthiness of a system is its
technical infrastructure. The robustness and resilience of the infrastructure against various
vulnerabilities, such as attacks, errors, or faults, are vital in instilling trust in the system. To
enhance trustworthiness, a multitude of state-of-the-art technologies and methodologies are
proposed, which cover a wide range of areas including the development of a comprehensive Data
Quality Strategy, the establishment of Data Trustiness and Traceability, the implementation of Data
Trusted Communication and Distribution, the assurance of Data Security, and the efficient
management of Data Storage and Use.</p>
      <p>Furthermore, it is essential to recognize the significance of human factors within the context of
semi- automatized industrial solutions. As [19] points out, human interaction with systems poses a
potential risk factor that can impact the overall trustworthiness of the system. Therefore, it is of
utmost importance to have a thorough understanding of and control over human interaction using
conceptual models and methods. Processes, which encompass all hardware and software-related
procedures that require human interaction, are identified as crucial elements within the Trustworthy
System Framework (TSFr) for the industrial sector. It is important to acknowledge that any flaws or
potential faults that may arise within these processes directly impact the overall trustworthiness of
the system. Additionally, the use of open-source software libraries in industrial solutions is
addressed within the framework. While open-source libraries offer certain benefits, they are often
met with skepticism when it comes to trustworthiness. Consequently, a strict quality assurance
procedure is mandated for all open-source libraries that are utilized.</p>
      <p>The framework also acknowledges the importance of a system's operational integrity in the face
of various external and internal events, which range from accidents and attacks to natural
disruptions and system failures. In conclusion, the framework incorporates the concept of core
services, as proposed by [18], in their Framework for Trusted Software Development. This concept
encompasses different layers within the system, such as the advisory layer, analytical layer, and data
layer, each of which has its own set of functionalities. These layers collectively form the structure of
the entire industrial platform, ensuring interconnectedness and secure communication between
various solutions, thereby reinforcing the system's overall trustworthiness.</p>
    </sec>
    <sec id="sec-3">
      <title>Declaration on Generative AI</title>
      <p>The author(s) have not employed any Generative AI tools.
[15] Thilo Hagendorff, “A Virtue‑Based Framework to Support Putting AI Ethics into Practice” (21</p>
      <p>June 2022) , available at: &lt;https://link.springer.com/article/10.1007/s13347-022-00553-z&gt;.
[16] British Standards Institution (2018). Information technology - Systems trustworthiness - Part 1:</p>
      <p>Governance and management specification (BS 10754-1:2018).
[17] OECD; Centre for Co-operation with European Economies in Transition. (1993). Glossary of
industrial organisation economics and competition law. OECD.
[18] Bose, R. P. J. C., Singi, K., Kaulgud, V., Phokela, K. K., &amp; Podder, S. (2019). Framework for
Trustworthy Software Development. In 2019 34th IEEE/ACM International Conference on
Automated Software Engineering Workshop (ASEW) (pp. 45–48). IEEE.
https://doi.org/10.1109/ASEW.2019.00027.
[19] Schneider, F. B. (Ed.). (1999). Trust in Cyberspace. The National Academies Press.
https://doi.org/10.17226/6161.</p>
    </sec>
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