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# AI Governance — Open Questions & Research Challenges
**Purpose:** Agenda for the deep research session. Each item identifies a hypothesis, assumption, or finding from the initial research that warrants deeper investigation, challenge, or quantification. Ordered by governance impact — highest-stakes uncertainties first.
---
## 1. Sycophancy as root cause of hallucination — how strong is the causal link?
**Current position:** Sycophancy is the most tractable cause of hallucination. RLHF systematically induces approval-seeking behaviour that overrides accuracy.
**What to challenge:**
- The 59% regressive sycophancy rate and 78.5% persistence rate come from single studies (Fanous et al., SycEval, AAAI 2025). Do independent replications confirm these magnitudes?
- Is sycophancy genuinely a *cause* of hallucination, or do both share a common cause (RLHF misalignment) without a direct causal relationship?
- What is the relative contribution of sycophancy vs. training data gaps vs. decoding strategies to observed hallucination rates in software development contexts specifically?
- Are there prompting or configuration approaches with replicated evidence — not single-study findings — that reliably reduce sycophancy in production?
**Governance implication:** If sycophancy is one cause among several of roughly equal weight, the constitution's emphasis on designing against it first may be correctly placed but insufficiently supported.
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## 2. AI as net sustainability negative — is this actually measurable?
**Current position:** 72% of AI investments destroy value through waste; AI is currently a net negative because ungoverned and not optimised for genuine value.
**What to challenge:**
- The 72% figure is from a single proprietary Larridin report — not peer-reviewed. What do independent measurements show?
- The METR study (19% slower) covers experienced open-source developers using early-2025 tools on open-source tasks. Does this generalise to professional software teams using current tools on commercial work?
- What rigorous measurement frameworks exist for AI ROI that are not vendor-published? DORA is the most credible — what does the full 2025 DORA dataset show beyond the summary?
- What would "net positive" look like in measurable terms? Is there a validated metric set (beyond token efficiency) that constitutes evidence of genuine value delivery?
**Governance implication:** The J-Curve principle and the time-bounded review requirement depend on being able to measure value. If measurement frameworks are genuinely inadequate, the principle may need to be restructured.
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## 3. Human code ownership under AI assistance — where is the line?
**Current position:** Humans must be able to understand, audit, and manually override AI-generated code. AI assistance that creates comprehension dependency is an ethical failure.
**What to challenge:**
- The deskilling literature is largely from non-software contexts (manufacturing, aviation). Is there specific evidence of deskilling in software engineering from AI assistance?
- Is comprehension of every line the right standard, or is there a meaningful distinction between understanding architecture/intent vs. understanding every implementation detail?
- METR's finding (19% slower) may reflect tool immaturity rather than a structural principle. What does the evidence show as tools mature?
- What is the minimum viable human understanding of AI-generated code that is sufficient for responsible ownership?
**Governance implication:** If the comprehension standard is set too high, it may prohibit beneficial automation. If too low, it allows accountability laundering.
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## 4. EU AI Act applicability to software developers — what actually applies?
**Current position:** EU AI Act obligations are treated as broadly applicable from August 2026.
**What to challenge:**
- Most AI-assisted software development does not involve "high-risk AI systems" as defined in Annex III of the Act. What risk tier does typical software/infra tooling (Copilot, Claude Code, Cursor) actually fall into?
- The Act primarily regulates providers and deployers of AI systems, not necessarily users of AI coding tools. What specific obligations fall on a developer using an AI coding assistant vs. deploying an AI-powered product?
- How does the research activity exemption (Article 2(6)) affect developers using AI in pre-production contexts?
- What does "significant modification" of a GPAI model mean in practice — does fine-tuning a model for your codebase trigger provider-level obligations?
**Governance implication:** If current tooling falls into minimal-risk categories, some constitution principles may be disproportionate for the actual regulatory requirement. Alternatively, obligations may be more specific and actionable than currently stated.
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## 5. Data classification in AI context — are four tiers sufficient?
**Current position:** Four tiers (Public / Internal / Confidential / Restricted) mirroring ISO 27001, with AI-specific handling rules per tier.
**What to challenge:**
- The four-tier model was designed for file and database classification, not for AI context windows. Are there AI-specific classification schemes from the EDPB, CNIL, or ISO that go further?
- How should AI-generated content itself be classified? (A document produced by AI from Confidential inputs — what tier is the output?)
- How does the composite sensitivity problem (non-sensitive data combining to reveal sensitive attributes) get operationalised in a classification framework? Is the four-tier model capable of handling this?
- What open-source tooling exists for context window scanning and real-time classification? The constitution references "safe open-source options" but does not specify them.
**Governance implication:** A classification framework that cannot be operationalised with available tooling is ethics washing.
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## 6. Open source licence contamination — how severe is the practical risk?
**Current position:** Licence contamination is a documented, growing risk; 17% of open source components enter codebases via AI generation invisible to standard scanning tools.
**What to challenge:**
- The 2024 ruling that dismissed claims found AI-generated code is not "substantially similar" to training code. Is the contamination risk overstated — is it more theoretical than practical for most generated output?
- What is the actual rate of verbatim or near-verbatim GPL/AGPL reproduction in AI coding assistant output? Are there studies with methodology that can be evaluated?
- What are the current open-source scanning tools that are effective for AI-generated code specifically, and what are their false positive/negative rates?
- Is the risk primarily in snippets and algorithms, or does it extend to overall code structure and design patterns?
**Governance implication:** Overstating this risk imposes unnecessary cost; understating it creates legal exposure. The constitution needs a calibrated, evidenced position.
---
## 7. Incident response for operational safety — what playbooks actually exist?
**Current position:** Operational safety failures (unintended autonomous actions, goal misalignment) are the highest-risk category and the least prepared for. Extend existing IR frameworks.
**What to challenge:**
- The Coalition for Secure AI AI Incident Response Framework (2026) is referenced but not evaluated in detail. What does it actually recommend for operational safety incidents specifically?
- What is the NIST AI Risk Management Framework (AI RMF 1.0) response framework — how does it handle incidents caused by agentic systems?
- Are there documented case studies of organisations that have successfully handled AI operational safety incidents? What made their response effective?
- For software/infra contexts specifically: what triggers should initiate an AI incident response, and at what point does an AI misbehaviour become a notifiable incident?
**Governance implication:** A principle that says "extend existing IR frameworks" without specifying what to add is incomplete.
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## 8. Transparency disclosure requirements — what is the minimum viable implementation?
**Current position:** AI involvement must be disclosed; this is a legal obligation from August 2026 under the EU AI Act.
**What to challenge:**
- The EU AI Act transparency provisions in Articles 13/50 apply to specific system types (chatbots, deepfake generators, high-risk systems). Do they apply to internal AI-assisted development tooling where end users are not interacting with AI directly?
- What does "disclosure" actually require in the context of AI-assisted code review, automated deployment, or AI-generated documentation?
- Are there jurisdiction-specific requirements beyond the EU AI Act (UK, US state laws) that are more or less demanding?
- What is the current state of implementation: who is actually compliant with existing transparency requirements, and what enforcement actions have occurred?
**Governance implication:** A disclosure requirement that is vague about what to disclose, to whom, and in what form cannot be implemented.
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## 9. Model selection criteria — what does sycophancy resistance actually look like?
**Current position:** Select models partly on sycophancy resistance; some models (Anthropic, large Llama) show more resistance.
**What to challenge:**
- What benchmarks exist specifically for sycophancy resistance, and how methodologically rigorous are they? (SycEval from AAAI 2025 is referenced — evaluate it.)
- Are sycophancy benchmarks stable across prompt variations, or do models that perform well on benchmarks still exhibit sycophancy in production contexts?
- How does model selection for sycophancy resistance trade off against other factors (cost, capability, data protection, provider terms)?
- Is the Anthropic/Llama advantage in sycophancy resistance confirmed by independent evaluations, or is it based primarily on Anthropic's own research?
**Governance implication:** If sycophancy benchmarks are not reliable, "select models on sycophancy resistance" is not actionable.
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## Deep Research Session Objectives
1. Replicate or refute the key quantitative claims from the initial research against additional independent sources.
2. Identify specific, actionable tooling and implementation guidance for each principle — particularly data classification scanning, licence scanning, audit logging, and sycophancy evaluation.
3. Resolve the EU AI Act applicability question for the specific context of software development tooling.
4. Find and evaluate the Coalition for Secure AI IR Framework and NIST AI RMF in detail.
5. Assess whether the constitution contains any principles that are unsupported, disproportionate, or operationally unachievable given current tooling.
6. Identify any significant governance topics the initial research missed.
---
*Prepared after initial research session, May 2026. Upload alongside `ai-governance-research-session.md` to continue.*
---
## 10. Deterministic execution preference — where exactly is the decision boundary?
**Current position:** Prefer deterministic code over repeated AI inference for well-specified, repeatable tasks. Use the "compile once, execute many" pattern.
**What to challenge:**
- The 57× token reduction claim comes from the xy.ai "Compiled AI" paper, a startup with commercial interest in this pattern. Do independent studies confirm similar efficiency gains?
- What is the practical definition of "well-specified enough" to codify as a script? Is there a decision framework with clear criteria that has been validated in practice?
- The 2.5–68× execution time overhead for AI-generated code — is this a property of AI-generated code in general, or specifically of unreviewed/unoptimised AI output? Does human review close this gap?
- How does this principle interact with skills/workflows in the repo? A SKILL.md that instructs an AI agent to perform a task is itself a form of "codification" — is this deterministic enough, or does it still require a traditional script?
- Are there task categories in software dev and infra where the AI-inference-at-execution-time approach is clearly superior even for repeated tasks (e.g., code review comments, PR descriptions)?
**Governance implication:** The decision boundary between "use a script" and "use AI inference" needs to be specific enough to be actionable. A vague principle is not useful.
---
## 11. Agent instruction reliability — how much can AGENTS.md actually enforce?
**Current position:** AGENTS.md operationalises the constitution's agent-actionable principles. Hard prohibitions (Never rules) are the most reliably followed; required behaviours are aspirational and improve compliance without guaranteeing it.
**What to challenge:**
- AGENTIF benchmarking found the best model perfectly follows fewer than 30% of complex agentic instructions. Is this the right benchmark for our use case (simpler, more direct instructions vs. complex multi-constraint agentic tasks)?
- The 500-line limit finding comes from practitioner observation, not controlled research. Is there empirical evidence on the optimal length and structure for instruction files?
- Which specific instruction types in AGENTS.md are most likely to be violated? Are the hard prohibitions actually hard for current models, or does prompt injection still bypass them?
- How should AGENTS.md be tested and validated? What would a compliance eval for these instructions look like?
- The thin adapter pattern (AGENTS.md as single source, tool-specific files reference it) — does this actually work across Copilot, Claude Code, and Cursor, or do tool-specific constraints require substantive adaptation rather than thin references?
- Should AGENTS.md include few-shot examples (what to do vs. what not to do) to improve compliance? Research suggests agents learn implicitly from examples even within a single prompt.
**Governance implication:** If agent instruction compliance is fundamentally limited, the constitution's principle that "deterministic enforcement must sit outside the AI" is not just a best practice — it is the primary enforcement mechanism, and AGENTS.md is a supplementary signal at best. This changes how we think about operationalising the other principles.