The Biggest Questions About AI
The map · 4 Power · 4.1 Regulatory design · 4.1.4

Transparency

What should companies disclose about training, evaluations, incidents, energy use, safeguards, and deployment?

After the first Foundation Model Transparency Index publicly named laggards, measured disclosure rose — though training-data and compute details remain thin. Mandatory incident reporting — the aviation-safety model — is the most commonly proposed floor beneath voluntary disclosure.

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What changed
October 2025–August 2026 · swept August 3, 2026 · editorial review pending
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Measured transparency went backwards: the Foundation Model Transparency Index fell 17 points against stiffened criteria, with training data the most opaque domain — reversing the index's earlier finding that naming laggards raised disclosure. A novel constitutional constraint arrived from the other direction: mandatory disclosure of trade secrets may trigger Fifth Amendment takings claims, an argument any disclosure regime now has to design around.

Recent thinking
5 featured from 9 tracked · October 2025–August 2026 · all 9 chronologically →
Wan, Klyman, Kapoor, Maslej, Longpre, Xiong, Liang & Bommasani · Stanford CRFM · Dec 2025 report
The Foundation Model Transparency Index (December 2025)
Companies score worse this year. The mean score this year is 41: this is a 17 point decrease over the previous year.

New edition of the canonical index reverses its own earlier finding that naming laggards raised disclosure: measured transparency fell 17 points against stiffened criteria, with training data still the most opaque domain.

Micah Musser · Lawfare · 12 Jun 2026 essay
AI Regulation and the Looming Problem of the Takings Clause
Regulations that force developers to disclose trade secrets to the public could violate the Constitution.

Novel constitutional constraint on the transparency agenda: because trade secrets are protected property, mandatory public disclosure of training-data and model details could trigger Fifth Amendment takings claims.

Malihe Alikhani & Aidan T. Kane · Brookings · 23 Dec 2025 essay
What is California's AI safety law?
Each large developer must design, implement, and publicly post a company-wide safety and risk management plan describing how catastrophic risks are identified, assessed, and reduced.

The reference explainer for SB 53 implementation: how the first binding US frontier-transparency statute converts voluntary safety frameworks into enforceable publication, 15-day incident reporting, and whistleblower duties.

Alan Chan · GovAI · 20 Mar 2026 report
Requirements for Model Specifications in the EU GPAI Code of Practice
The EU GPAI Code of Practice commits Signatories to providing a description of intended model behavior (a 'model spec') in their Model Reports

Turns the Code of Practice's model-spec commitment into concrete disclosure requirements — publish intended behaviors relevant to systemic risk so the AI Office can audit against them — a template for spec-level transparency mandates.

Future of Life Institute · Dec 2025 report
AI Safety Index: Winter 2025
All of the companies reviewed are racing toward AGI/superintelligence without presenting any explicit plans for controlling or aligning such smarter-than-human technology

Latest external scorecard of company disclosure and risk-management practice (Anthropic and OpenAI at C+, most rivals D or below) — evidence for how far voluntary transparency falls short of what mandatory floors would demand.

Additional relevant discussion (4)
Incident reporting and investigation under the AI act: some insights from aviation — Michael Chatzipanagiotis · International Journal of Law and Information Technology · 27 Feb 2026
"Be It Enacted": A Draft Bill for AI Transparency and Federal Preemption — Dean W. Ball · Hyperdimensional · 2 Oct 2025
A secret White House AI framework won’t work — Shakeel Hashim, Veronica Irwin, Celia Ford · Transformer (Shakeel Hashim) · 7 Aug 2026
Foundational reading (2)The Foundation Model Transparency IndexBommasani et al., Stanford CRFM · 2023AI Incidents: Key Components of a Mandatory Reporting RegimeCSET · 2024
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