27.5.5 National regulations overview

2025.10.06.
AI Security Blog

Navigating the global landscape of AI regulation is no longer an optional activity for legal teams alone; it’s a critical input for effective red teaming. National laws and executive orders define the legal boundaries of AI safety, security, and fairness. For you, the red teamer, these regulations provide a direct map to what society, through its governments, considers high-stakes failure modes. Understanding these frameworks helps you prioritize testing efforts, frame findings in the language of legal risk, and demonstrate value beyond purely technical exploits.

This overview provides a high-level comparison of key national approaches to AI governance. It is not exhaustive legal advice but a strategic guide to help you align your red teaming engagements with the compliance pressures faced by organizations across different jurisdictions.

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Comparative Overview of Major AI Regulatory Frameworks

The following table summarizes the approaches of several key jurisdictions. Note how the definition of “risk” and the prescribed mitigation strategies differ, directly influencing where you should focus your attacks.

Jurisdiction Key Regulation(s) Core Focus / Approach Implications for Red Teaming
European Union EU AI Act Risk-Based Horizontal Regulation: Establishes a pyramid of risk (unacceptable, high, limited, minimal). Imposes strict obligations on “high-risk” AI systems across sectors, including conformity assessments, risk management, and human oversight.
  • Prioritize testing on systems likely classified as “high-risk” (e.g., biometrics, critical infrastructure, law enforcement).
  • Test for failures in data governance, transparency, and human oversight mechanisms mandated by the Act.
  • Your findings on bias, robustness, and security can directly inform the legally required conformity assessments.
United States Executive Order on Safe, Secure, and Trustworthy AI; NIST AI Risk Management Framework (RMF) Sector-Specific & Standards-Driven: A combination of executive directives and voluntary standards. Focuses on promoting innovation while managing risks. The EO mandates safety testing for powerful models and directs federal agencies to use standards like the NIST AI RMF.
  • Align testing methodologies with the NIST AI RMF’s “Govern, Map, Measure, Manage” lifecycle.
  • Focus on “dual-use foundation models” and scenarios outlined in the EO (e.g., CBRN threats, cybersecurity).
  • Testing for watermarking and content authenticity mechanisms is becoming a key compliance area.
China Administrative Measures for Generative AI Services; Provisions on the Management of Deep Synthesis State-Led & Content-Focused: Regulations are centrally managed and often implemented quickly. Strong emphasis on content control, social stability, and data security. Requires service providers to align with “core socialist values” and register algorithms.
  • Test for vulnerabilities that could lead to the generation of prohibited content.
  • Assess the robustness of data security and personal information protection controls.
  • Vulnerabilities in algorithm registration and management systems are a unique attack surface.
United Kingdom AI Regulation White Paper (“A pro-innovation approach to AI regulation”) Pro-Innovation & Context-Based: Avoids broad, horizontal legislation. Empowers existing sectoral regulators (e.g., in finance, healthcare) to apply five core principles (Safety, Transparency, Fairness, Accountability, Contestability) within their domains.
  • Red teaming must be context-specific. An attack scenario for a financial AI will be evaluated differently than for a healthcare AI.
  • Frame your findings around the five core principles. For example, a jailbreak is a failure of the “Safety” principle.
  • Engagements may require deep knowledge of the specific sector’s existing regulatory rules.
Canada Artificial Intelligence and Data Act (AIDA) – Part of Bill C-27 Risk-Based, Focused on “High-Impact” Systems: Similar to the EU’s approach, AIDA (once enacted) will regulate systems based on their potential for harm. It introduces roles like an AI and Data Commissioner and requires organizations to manage risks associated with high-impact systems.
  • Focus testing on systems that manage critical operations or make significant decisions about individuals.
  • Assess for anonymization failures and biased outcomes, which are key concerns of the Act.
  • Your reports can serve as evidence for the risk mitigation and accountability measures AIDA will require.

Strategic Takeaway

The global regulatory environment for AI is fragmented and evolving rapidly. As a red teamer, you are not expected to be a lawyer, but you must be legally aware. Use these regulations as a guide. When you discover a vulnerability, frame its impact not just in technical terms (“I achieved remote code execution”) but in compliance terms (“This vulnerability could cause the system to violate Article 10 of the EU AI Act, leading to significant fines and market withdrawal”). This translation of technical risk into business and legal risk is what elevates your work from a technical exercise to a strategic imperative.