Regulation – Page 3 – John Vincent

Artificial intelligence (AI) transition

There’s much that has been written on this subject. In fact, for a non-specialist observer it’s not so easy to get to grips with the different predictions and views that are buzzing around.

There’s absolutely no doubt that Artificial intelligence (AI) will change every corner of society. Maybe a few living off-grid in remote areas will remain untouched but every other human on the planet will be impacted by AI. Where there’s digital data there will be AI. Some will say this brings the benefits of AI into our everyday and others herald a pending nightmare where we lose control.

Neither maybe totally on the money but what’s clear is that this is no ordinary technological transition. Up until now, the software we use has been a tool. Built for a purpose and shaped by those who programmed its code. AI is not like that at all. It’s a step beyond just a tool.

Imagine wheeling a hammer that changed shape to suite a job, but the user had no control over the shape it took. How will we take to something so useful but beyond our immediate control?

In civil aviation, AI opens the possibility of autonomous flight, preventive maintenance, and optimal air traffic management. It may work with human operators or replace them in its more advanced future implementations. Even the thought of this causes some professional people to recoil.

I’ve just finished reading the book[1] of a former Google chief officer, Mo Gawdat and he starts off being pessimistic about the dangers of widespread general AI. As he moves through his arguments, the book points to us as the problem and not the machines. It’s what we teach AI that matters rather than the threat being intrinsic to the machine.

To me, that makes perfect sense. The notion of GIGO[2] or “Garbage In, Garbage Out” has been around as long as the computer. It does, however, put a big responsibility on those who provide the training data for AI or how that data is acquired.

Today’s social media gives us a glimpse of what happens when algorithms slavishly give us what we want. Anarchic public training from millions of hand-held devices can produce some undesirable and unpleasant outcomes.

It maybe that we need to move from a traditional software centric view of how these systems work to a more data centric view. If AI starts with poor training data, the outcome will be assuredly poor.

Gawdat dismisses the idea that general AI can be explainable. Whatever graphics or equations that may be contrived they are not going to give a useful representation of what goes on inside the machine after a period of running. An inability to explain the inner working of the AI maybe fine for non-critical applications but it’s a problem in relation to safety systems.

[1] Mo Gawdat. Scary Smart, the future of artificial intelligence and how you can save our world. 2021. ISBN 978-1-5290-7765-0.

[2] https://techterms.com/definition/gigo

High ALT

Normal commercial air traffic control doesn’t go beyond 60,000 ft in altitude. That makes sense since civil flying activities have been limited to lower altitudes. In fact, modern commercial airliners are not designed to fly above about 45,000 feet. This is a compromise based on what works commercially as much as what’s works best. Aircraft instruments are calibrated making standard assumption about the atmosphere.

For some of its flight, Concorde cruised at a height of 60,000 feet. More like a military jet, with its speed it had the capability to make use of higher altitudes.

It’s even possible to fly above 50,000 feet without an engine. The world record glider flight by AIRBUS shows it’s possible.

The Earth’s atmosphere is not uniform. It changes its characteristics with altitude. The atmosphere can be divided into five layers, as the temperature and density change. They are named: Troposphere, Stratosphere Mesosphere, Ionosphere and Exosphere.

The Troposphere is a layer that goes from 8 kms (26,247 ft) on the poles to about 18 kms (59,055 ft) on the equator. This is the layer where weather is experienced.

On average, the Stratosphere goes up to about 40 kms (131,234 ft). The winds blows fast but they tend to be more consistent as they wrap around the globe. The lower portion of the Stratosphere is virtually isothermal (layer of constant temperature).

A medieval English philosopher and Franciscan friar, Roger Bacon[1] figured out that the air might support a ship in the same way that water supports ships. In the 13^th Century that was a nice academic conclusion but little more.

With all the current controversy surrounding high altitude balloons, that the road to flight started with balloons, could be said to be a bit ironic. It’s long been known about that balloons fly well at high altitudes but it’s a new frontier as far as commercial activity is concerned. For science, weather balloons may go up to 40 km to measure the high level winds.

Some experimental work has been done on trying to commercially use the airspace above normally civil flying. The Google Loon trials[2] are an example of an attempt to float a telecommunications platform high in the sky. These balloon trials were abandoned as difficulties proved greater than anticipated.

It’s not so easy to keep a high altitue balloon on-station.

Now, considering the news in North America, maybe high-altitude operations ought to be a matter of regulatory concern. This is not a subject that any one country can address alone.

There is some legal, regulatory and technical work[3] underway in Europe[4] but it needs to make progress. This is a subject for international collaboration.

[1] https://en.wikipedia.org/wiki/Roger_Bacon

[2] https://blog.x.company/loons-final-flight-e9d699123a96

[3] https://www.eurocontrol.int/article/echo-making-space-new-high-altitude-entrants

[4] https://www.eurocontrol.int/events/european-higher-airspace-operations-symposium

Rules

Let’s be controversial. Principle Based Rules could be retitled Hypocrisy Based Rules.

Now, I’ve already caused confusion because most consumers, or users of services will not have a clue what I’m talking about. The way rules are put together is not an everyday topic for conversation. Even if, in our complex society, this subject is vitally important.

Listening to the daily news it’s clear there’s been a break down between British Gas and its regulator and some vulnerable customers. Practices undertaken by a British Gas sub-contractor have shocked people. Breaking into people’s homes should not be normal business practice.

Yet, these real-world actions happened, and they sharply go against the “principles” of the energy supplier[1] and its regulator. So, do the rules that exist produce behaviours that fit with public expectations? This is the “how long is a piece of string” question. In other word the perception of the rules, such as they are, can be favourable but when it comes to implementation it’s another story completely.

Sadly, the defensive reactions of both energy supplier and regulator are to frame the whole problem as one of first not knowing then discovery, investigation, and corrective action. This is not bad in of itself, but it’s the most basic kind of reactive response that can be expected. It says to the consumer, we will wait for an influential spokesperson[2] to highlight a failing and then respond to pressure.

Has British Gas captured its regulator? That is to convince them that everything is hunky-dory and maybe convinced themselves it’s hunky-dory too but at the same time not bother to look at customer facing bad practices?

Hence my coining the notion of Hypocrisy Based Rules. I’m not saying for one moment that regulatory rules can be written that have no gaps, inconsistencies, or avenues for “creative compliance”. It can be advantageous to the consumer that an energy suppler has a degree of freedom on how they comply with rules.

What was missing is that regard for the need for constant vigilance. Reports suggest that British Gas’s sub-contractor undertook behaviour that did not fulfil regulatory goals.

Although it’s long in the tooth, this quote from an Irish statesman has resonance:

The condition upon which God hath given liberty to man is eternal vigilance. John Philpot Curran[3]

In this simple sentence “liberty” can be replaced with safety, security, prosperity, and honesty. It’s often been reworked.

[1] https://www.centrica.com/about-us/people-culture/our-code

[2] https://www.thetimes.co.uk/article/british-gas-prepayment-meter-debt-energy-bills-investigation-wrgnzt6xs

[3] https://www.britannica.com/biography/John-Philpot-Curran

3-years on

Today, the weakest arguments are being used to sustain Brexit. Still the advocates of Brexit call for deregulation, slashing taxes but more Government borrowing. The Truss formula, despite its disastrous effect remains popular amongst Brexit supporters.

Britain, having left the EU Customs Union and Single Market, has agreed roll-over trade deals with some countries. However, there has been no huge boost to trade as Brexit advocates claimed there would be after the 2016 vote. Brexit negotiations drag on and on. It’s perpetual motion. Maybe there’s a fix to the Northern Ireland difficulties. Maybe not.

If you are inclined, you can always blame everything on the Government’s pandemic response. As politicians are apt to do, there are quite a few avenues open to excuse away the negative impact of Brexit.

The lies told during the UK referendum campaign of 2016 will not go away.

On the 3-year anniversary of leaving the EU, pollsters have been out and about to gauge public opinion. It seems that apart from some parliamentary constituencies in Lincolnshire, others show a majority think Brexit wasn’t a good idea. 54% say Britain was wrong to leave the EU[1][2].

We don’t not know exactly when the next UK General Election will be, but political parties are gearing up for the fight to come. Because of the dreadful First Past the Post (FPTP) electoral system the UK’s opposition parties have a hill to climb in the race for Westminster. Again, referencing the current polls, even with that hill to climb there’s a high likelihood that change is on the way.

The end of this Brexit Government will not come soon enough. Look at the state the country is in. The longer this Conservative party remains in power the more damage will be done.

NOTE: The United Kingdom withdrew from the European Union on 31 January 2020. Based on the Withdrawal Agreement that had been ratified by both the EU and the UK, a transitional period during which EU law continued to apply in the United Kingdom ended on 31 December 2020.

POST: Ardent Brexit supporters are saying: we have to give it more time. Judging our economic position after 3-years isn’t enough to draw conclusions. This is like saying that having made a bad investment, it’s best to stick with the bad investment. Some people may agree with this type of argument. I say it’s foolish. The Brexit referendum has done damage. It will only be repaired by reversing a destructive and much regretted decision.

[1] https://unherd.com/2023/01/introducing-unherd-britain-2023/

[2] https://www.independent.co.uk/news/uk/politics/brexit-regrets-map-uk-b2272117.html

Cyber

Now, where did that word come from? My earliest recollection is the scariest adversary of Dr Who. The cybermen hit the small screen back in 1966. This fiction of an amalgam of machine and human is particularly scary. This was the fabled monster that drove young children to hide behind the sofa. The BBC hasn’t given-up on this character. Somehow, these fictional metal-men are almost certainly going to retrun to run amok and devastate humanity.

Patrick Stewart being assimilated by the Borg is a mega dramatic cliff-hanger. The Cylons[1] obliterating the colonies sent humanity on a runaway across the endless expanse of space. The indestructible killing machine of the Terminator was a huge box office success. There’s a recuring theme. In the popular imagination the combination of machine and human is thought of as fundamental threat. The enemy is the machine that transforms human mind and body into a single-minded demon intent on mischief or destruction.

By this reckoning you might think that “cyber security” was a Robocop like police force committed to routing out bad cyborgs. Yet, that’s nothing like the common usage of the term. There’s a certain threat, and it does involve digital systems and humans. However, in this century they are not yet[2] wandering around doing unpleasant things to all and sundry.

Strangely enough the term “cybernetics” has been around for a long-time. It’s not about robots. It came into being before modern digital systems and the silicon revolution were kicked-off. In part, cyber was coined as a way of expressing the almost magical qualities of feedback processes. It was wide-ranging, in that this term described natural as well as mechanical systems. In the words’ origins there was nothing sinister or chilling implied.

In 2023, “cyber security” is how we reduce the risk of cyber-attack[3]. Not a great description but let’s just say the notion is dealing with a recognised threats in digital systems.

This wasn’t something that was commonplace until the Personal Computer (PC), its software and the INTERNET connected billions of people. The normal human limitations that constrained our sphere of influence have been extended across the globe. Now, bad actors intentionally doing bad things can be based anywhere on the planet.

Since they are human actors, they are mighty creative and inventive. These people are a constant threat, like the Borg[4] that adapts and modifies what they do so as to counter any actions to defeat them. Our defence can’t be as that of the Battleship Galactica, disconnection, we are going to have to find another way. Unlike some threats there’s little chance this one will ever go away.

[1] https://ew.com/gallery/battlestar-galactica-12-things-you-need-know-about-cylons/

[2] https://www.bostondynamics.com/

[3] https://www.ncsc.gov.uk/section/about-ncsc/what-is-cyber-security

[4] https://intl.startrek.com/database_article/borg

Fatal accident in Nepal 2

We are now one week from the fatal accident that occurred on Sunday, 15 January in Nepal. Yeti Airlines Flight 691, an ATR 72-500 aircraft, crashed while on approach at Pokhara International Airport in Nepal[1]. Sadly, this accident resulted in 72 fatalities. No one survived. Only one body remains to be discovered[2].

This has been Nepal’s deadliest aviation accident in over 30 years.

After years of pandemic-caused travel disruption this land locked nation was hopeful that their new airport would bring the tourists back. The nation’s second-largest city sits in the shadows of a towering mountain range. It’s a picture postcode setting for this tragedy.

Nepal’s government has set-up a five-member committee to investigate the accident.

As stated in the International Civil Aviation Organisation (ICAO) Annex 13, Aircraft Accident, and Incident Investigation[3], it’s the responsibility of the State of Occurrence to lead an investigation. The objective of that investigation should be prevention of future accidents and incidents. It’s not the purpose of a technical activity to apportion blame or liability.

Nepal is the State of Registry and the State of the Operator, but they must notify the State of Design, the State of Manufacture (France) of the aircraft and ICAO in Montreal.

There are numerous speculations concerning the cause of this accident. The scant evidence available on social media does suggest that this aircraft accident fits into the category of Loss of Control in Flight. However, that suggestion is purely informed conjecture at this time.

I agree with David Learmount[4] in that it’s likely that this will be found to be a preventable accident. That said, once the accident flight recorders have been replayed there should be a substantially better indication of what really happened on that fateful day.

Whereas it was previously reported the accident recoders were going to France it’s now reported that they are going to Singapotre for replay Black boxes from Nepal plane crash to be sent to Singapore – ABC News (go.com)

Based on the experience of the analysis of numerous accidents it’s unlikely to be a simple single cause. Such fatal aircraft accidents are often combinations of factors that come together. Approach to a new airport plus an unexpected event or error plus aspects of organisational culture can be enough to tip the balance.

Aviation, in itself, is not inherently dangerous. But to an even greater degree than the sea, it is terribly unforgiving of any carelessness, incapacity or neglect.

A quote of Captain A. G. Lamplugh, British Aviation Insurance Group, London. c. early 1930’s. This famous phrase has been reproduced on posters many times.

POST: Here’s some examples of what can happen again and again. Lessons learned from business aviation accidents maybe equally applicable to this case. Lessons Learned from Business Aviation Accidents | NBAA – National Business Aviation Association

[1] https://aviation-safety.net/database/record.php?id=20230115-0

[2] https://www.thehindu.com/news/international/nepal-plane-crash-search-continues-for-lone-missing-person/article66415303.ece

[3] https://store.icao.int/en/annexes/annex-13

[4] https://davidlearmount.com/2023/01/21/regional-airline-safety-really-doesnt-have-to-be-this-bad/

Still learning leasons

Mobility has transformed society. By land, by sea or by air the world we see around us has been shaped by the technology that has enabled us to move people, goods, and services. Aviation, the youngest means of everyday transport, has radically transformed society in just over a century.

Demand for air transport is linked to economic development and at the same time air transport is a driver in an economy. Nearly all States work to encourage the growth of aviation in one form or another. All States acknowledge the need for the stringent regulation of activities in their airspace.

4.5 billion people moved around the globe by air. Well, that is until the COVID pandemic struck[1]. Even so, there’s an expectation that global air traffic levels will start to exceed those of 2019 when we start to get into 2025 and beyond.

One quote, among many, sums up the reason for the safety regulation of flying, and it is:

“Aviation in itself is not inherently dangerous. But to an even greater degree than the sea, it is terribly unforgiving of any carelessness, incapacity or neglect.”

[Captain A. G. Lamplugh, British Aviation Insurance Group, London. 1930.]

Here the emphasis is on aviation safety and security as the top considerations. In fact, ask an airline CEO of the number one priority of their business and that’s likely how they will answer, if on the record. Much of that open expression will be sincere but additionally it’s linked to the need to maintain public confidence in the air transport system.

We need to remember that aviation had a shaky start. Those magnificent men, and women in their flying machines were adventurous spirits and born risk takers. That is calculated risk takers. Few of them lasted long unless they mastered both the skill and science of flying.

In the post war era, improvements in aviation safety have been dramatic. As the number of hours flown and the complexity of aircraft has grown so has the level of flight safety. Aviation has been an uncompromising learning machine. A partnership between States and industry.

Sadly, in part, the framework of international regulation we may now take for granted has been developed because of lessons learned from accidents and incidents, many of which were fatal.

[1] https://www.icao.int/sustainability/Documents/COVID-19/ICAO_Coronavirus_Econ_Impact.pdf

Fatal accident in Nepal

My condolences to all those people who have been affected by the catastrophic aircraft accident in Nepal. On-board the ATR 72 aircraft operated by Nepal’s Yeti Airlines were 72 people – 4 crew members and 68 passengers.

The aircraft took off from Kathmandu at 10:33 (local time) on Sunday. At around 11:00, while on approach to the airport the twin-engine ATR 72 crashed into a riverbed gorge located between the former airport (VNPK) and new international airport (VNPR). Nepal’s Civil Aviation Authority said the aircraft last contacted the airport at 10:50. There are no reports of distress calls from the aircraft before the accident.

As only a short time has elapsed, it’s good to hear that the accident flight recorders have been discovered[1]. It is reported that they are to be sent to France for replay and analysis.

Sadly, Nepal has a grim record in respect of fatal air accidents. There have been 42 fatal air accidents since 1946[2]. Poor weather and hazardous terrain can often be a problem in this nation. However, in the case of this tragic flight, video circulating on social media indicates clear skies at the time of the accident.

Nepal became a member of International Civil Aviation Organisation (ICAO) back in 1960. Nepal’s improvement in safety measures and compliance with international standards was recognised by ICAO in 2018. However, Nepal remains on the EU Air Safety List.

Prior to the accident, Yeti Airlines has 6 ATR 72 aircrafts, aged between 11 and 15 years old.

The new international Pokhara Airport[3], was inaugurated on the 1^st January, this year by Nepal’s Prime Minister. This was seen as a significant step to boost tourism in the region. The airport project was a cooperation as part of China’s Belt and Road Initiative (BRI)[4]. The new international airport was built to replace the city’s former airport, located 1.6 nm to the West. Flights were gradually being transferring to the new airport facility[5].

The Civil Aviation Authority of Nepal (CAAN) has checked the airworthiness of the ATR aircraft on its register. No technical faults have been found[6].

POST: Teams of aviation experts, including those from ATR and EASA are on their way to Nepal to help in the accident investigation French team starts probe into Nepal plane crash (msn.com)

[1] https://www.reuters.com/world/asia-pacific/search-resumes-four-people-missing-nepal-after-deadly-air-crash-2023-01-16/

[2] according to Flight Safety Foundation data

[3] http://pokharaairport.com.np/

[4] https://www.telegraphindia.com/world/nepals-pokhara-airport-was-inaugurated-two-weeks-ago-and-built-with-chinese-assistance/cid/1910031

[5] https://aviationweek.com/air-transport/safety-ops-regulation/yeti-airlines-atr-72-crash-nepal-kills-least-68

[6] https://nepalnews.com/s/nation/caan-carries-out-technical-tests-on-all-atr-aircraft-operational

Artificial Intelligence

In an on-line event, I listened to Professor Dr. Saskia Nagel of Aachen University[1] speak on Artificial Intelligence (AI) and Ethics last evening. It’s a topic that arouses a lot of interest amongst engineers and just about every other profession.

The talk was a round robin of the subject touching on points of debate that are far from resolved. Her talk provided an overview of key present ethical questions spanning the development and uses of “AI” technologies. It’s interesting that even the title of the talk was questionable. The debate rages as to what is encompassed in the commonly used term “AI”.

Scientific and technological advances have consequences that are best anticipated, in so much as we can. Far too often, as in the case of mobile phones, a capability has been launched onto humanity because of its great utility without much thinking through of potential impacts.

In a way, our collective mindset remains stone age. We do things because we can rather than asking the question as to whether we should or not. The Australian movie and musical Muriel’s Wedding captures this nicely[2]. “You Can’t Stop Progress” was the election billboard slogan of politician Bill Heslop in the story. The same theme might be posted as “Growth, growth, growth” in the current economic climate.

To an extent that’s what’s happening in the more audacious parts of aviation innovation. Different ways in which AI technologies can be used to facilitate autonomous flight are being explored and promoted. There’s no doubt such technology can process massive amounts of information in no time at all when compared with you or me. That advantage is only one side of the story.

Investigating questions of autonomy quickly leads to discussions on accountability and responsibility. In flight, there’s inevitably complex interactions between people and machines. On the normally rare occasions when this results in harm it’s essential to be able to say what or who was responsible.

It goes further than that too. Even to persuade a passenger to ride on an autonomous vehicle a good deal of confidence must be built-up. A fear of flying is often counteracted by arguments based on the long history of safe flight and the trustworthiness of those operating a transport system.

A question is: how do we trust something we don’t understand? Not a new question. Few members of the flying public may understand how a modern transport aircraft works. We put our faith in independent knowledgeable professionals asking difficult questions of the designers and builders of aircraft. We put our faith in rigorous controls and processes. If the internal workings of a complex machine are not explainable to those independent professionals, we have a problem. Thus, another key topic of explainability.

This is a fascinating research area. I’ve no doubt there are workable solutions, but we are some ways from having them to hand at the moment. Applied ethics are part of the toolbox needed.

[1] https://www.ethics.rwth-aachen.de/cms/ETHICS/Das-Lehr-und-Forschungsgebiet/Team/~fcnwz/Saskia-Nagel/

[2] https://fb.watch/h-uoLokeaY/

Poor law making

If you thought the Truss era was an aberration, and that the UK’s Conservative Party had learned a lesson, then please think again. Wheels set in motion by the ideologue Jacob Rees-Mogg MP are still spinning.

The Retained European Union Law (Revocation and Reform) Bill is trundling its way through the UK Parliament. The Government Bill will next be prepared for its 3^rd reading in the House of Commons[1]. The Conservative Government has brought forward this Bill to revoke, reform or revise all the remaining law in the UK that was formerly derived from the UK’s membership of the EU. This turns on its head the normal approach to changing UK legislation. Revocation is automatic unless there’s an intervention by a Minister.

UK civil aviation depends on several thousand pages of legislation derived from EU law[2]. Much of this law was created with considerable contributions from the UK. There’s hardly any if any advocates for automatic revocation of current aviation legislation. Even the thought of this action sends a shiver down the spin of aviation professionals. Generations of them have worked to harmonise rules and regulations to ensure that this most international of industries works efficiently.

Unless amended, the Government’s EU Retained Law (Revocation and Reform) Bill[3] could turn out to be an absolute disaster. Even those who have an irrational wish to eliminate any and every past, present, or future link to Europe must come up with a practical alternative and do this in an incredibly short time. Without a consistent, stable, and effective framework civil aviation in the UK will grind to a halt. Again, even those who have an unsound need to change for change’s sake will be hitting a vital industry hard, as it is only just getting back on its feet after the COVID pandemic and now setting out to meet tough environmental standards.

It’s going to be interesting to see what happens when this poor Bill reaches the House of Lords. Once again, the country will be relying on the upper house to add some common sense to this draft law.

POST 1: The 3rd reading debate makes it clear that the Government is unsure which laws are covered by the Bill. If the Ministers responsible for this legislation do not themselves know its extent, how can anyone expect civil servants working on this legislation to know the full extent of change? A most strange state of affairs Retained EU Law (Revocation and Reform) Bill (Third si – Hansard – UK Parliament

POST 2: Retained EU law lays down rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations in the UK Commission Regulation (EU) No 748/2012 of 3 August 2012 laying down implementing rules for the airworthiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certification of design and production organisations (recast) (Text with EEA relevance) (legislation.gov.uk)

POST 3: Retained EU Law Bill is being debated in the House of Lords on Monday, 6 February.

[1] https://bills.parliament.uk/bills/3340

[2] https://www.eiag.org.uk/paper/future-retained-eu-law/

[3] https://www.gov.uk/government/news/the-retained-eu-law-revocation-and-reform-bill-2022