Almost every AI regulation uses training compute as a trigger. 10^25 here, 10^26 there. Why compute, and why those numbers?
25 min · Reviewed 2026
Why Compute
Regulators want to catch frontier risk without freezing the whole field. They need a trigger that's measurable, hard to game, and correlated with capability. Training compute — floating-point operations used during model training — is the best proxy currently available.
The main thresholds (as of ~2025)
Regime
Threshold
Applies to
EU AI Act (systemic risk)
10^25 FLOPs
General-purpose models
Biden EO 14110 (rescinded)
10^26 FLOPs
Reporting to US government
Biden EO (bio subset)
10^23 FLOPs
Biologically-focused models
California SB 1047 (vetoed)
10^26 FLOPs + $100M
Covered models
Why this approach has critics
Algorithmic efficiency means same capability at lower compute over time — thresholds drift
Small specialized models can be dangerous without being compute-heavy
Inference compute (test-time reasoning like o1) is not captured by training FLOPs
Distillation can transfer capability from a big model to a small one