AI regulation: a lesson from 200 years of railway history

A mighty transatlantic battle is in prospect over how to regulate artificial intelligence (AI). Donald Trump’s second administration seems sure to opt for the lightest of light touches, influenced by tech tycoon Elon Musk. (If Musk can tear himself away from his bizarre obsession with Britain.) The European Union has already legislated for a far more restrictive approach, with Britain likely to follow a middle way. The sensible aim must be to unleash the creative, social and economic benefits of AI while minimising the harm it may cause if abused or badly handled.

As debate raged about AI regulation, it struck me that many of the arguments deployed for and against AI and tech regulation also played a huge role in shaping the response to the railway revolution in the 19th century.

The opening of the Stockton & Darlington in 1825. Painting by Terence Cuneo; NRM/Science & Society Picture Library

The railway age properly began in September 1825 with the opening of the world’s first public railway to use steam locomotives, the Stockton & Darlington Railway in County Durham in the north of England. After the success of the first intercity railway between Liverpool and Manchester, opened in 1830, Britain enjoyed a railway boom, as pioneers planned lines linking major cities – and serving industry, the original purpose of the iron road. By the early 1840s, railway mania had taken over, in a prelude to the dot.com boom at the turn of the 21st century. In 1844, 240 private bills were presented to the British parliament to authorise 2,820 miles of railway. Had all these been built, the £100 million of capital needed represented over one and a half times Britain’s gross domestic product (GDP) for that year. Parliament still approved half these railways.

Anything goes? The heyday of the laissez-fair state

Britain in the 1840s was a firmly non-interventionist state. The dominant philosophy was laissez-faire: small government, low taxes and the free market. Most acts of parliament were private acts to authorise new railways rather than government initiatives. Anyone able to raise money could form a railway company and apply to parliament for permission to build their pet route. The sheer volume of railway business threatened to overwhelm the Westminster legislature. But an attempt to create order by setting up a railway advisory board to vet proposed plans before they reached parliament was short lived, killed by the powerful railway lobby. (And conflicts of interest: 157 out of 658 MPs had financial interests in the railways.) This was Britain’s last chance to create a strategic rail network, deploying investors’ money more efficiently. The failure led to many investors losing most if not all their money on rail schemes that had no hope of success, again pre-empting the dot.com bubble of 1999-2000.

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Giro Escape helmet: a safety risk

You wear a bike helmet to keep safe. So it is a shock to find a faulty helmet design that could actually make things worse in a crash.

I bought a Giro Escape urban helmet in 2022. I wanted a lid with integrated lights for my weekly commute across London. After a few months, the strap came loose, and the helmet fell to the ground as I got to the office in the City of London.

Giro were very good, refunding me without quibble, and I bought a second Giro Escape, assuming the first helmet had a manufacturing fault. I loved the fit and the bright LED lights – just what I needed cycling home along dark country lanes after getting off the London train.

Yet after six months the same thing happened to the replacement. As I set off on my commute the helmet felt very loose, and I wondered how I could have forgotten to do it up. Then I found the two sides of the buckle were firmly attached: it was the strap that had come loose.

I contacted Giro, and was surprised by its response:

This is not something we have had reported to us often, especially 2 in a row for the same customer.
 
We would recommend that you reattach the clip and set the strap to the correct length. A small stitch through the loose part of the strap may stop this from happening.

Giro customer support by email, 16 january 2024

In other words, we expect you to redesign our helmet to make it safe to use.

To be fair, when I pointed out how unreasonable this response was Giro quickly agreed to refund me. But my second incident showed the dangerous design fault in the Giro Escape helmet. If I bought a third helmet, the same thing would happen again.

The fatal flaw

Let me explain the fault. The right side Escape strap is attached to the buckle by a very loose rectangle of soft plastic. It simply isn’t secure or tight enough to stop the strap working its way out of this loop and detaching from the buckle. I have made a video showing how easily this happens:

Within a day, another Escape user commented that they had exactly the same problem.

I then discovered that the design flaw isn’t restricted to Giro’s Escape helmets. It had recalled Merit helmets in North America, Australia and New Zealand because, in Giro’s words, quoted by BikeRadar, “the helmet strap may detach from the helmet when “pulled with relatively little force, posing a risk of injury to the user in a crash”. That’s exactly what happened to my two Escape helmets, happily without a crash.

So, Giro, how long are you going to continue selling the unsafe Escape helmet?