With the rapid advancement of AI-based systems and applications, the issue of how to regulate this transformative technology has grown increasingly important. While there is widespread agreement on the need for protective measures, finding the right equilibrium between promoting innovation and ensuring safety, ethical considerations, and accountability presents a significant challenge.
European Perspective
The European Union has taken a pioneering stance in shaping the regulatory landscape for AI in recent years. Central to this effort is the proposed "Artificial Intelligence Act," a framework designed to establish unified rules for AI development and deployment. A defining characteristic of the EU's approach is the adoption of a risk-based paradigm, which involves regulating the diverse applications and functionalities of AI systems rather than the technology itself.
This strategy sees technology as a versatile tool that can be beneficial, neutral, or harmful to society depending on its application. This approach, often referred to as “narrow” regulation, focuses on identifying potential benefits and risks.
Broadening the Narrow
The whole landscape for the regulation of Artificial Intelligence drastically changed in 2023 with the emergence of powerful generative AI models capable of producing incredible art and sophisticated language content. This sparked a heated debate about whether “narrow” regulation is sufficient to mitigate the risks associated with this technology. These concerns led to significant amendments to the proposed AI Act, which were agreed upon and adopted by the European Parliament in June of this year.
Although the aim of the AI Act is not to impede innovation within the EU, some of the suggested changes are predicted to have significant impacts on the rapidly growing IT industry in the region. Significantly, the European Parliament's decision to partially depart from their overarching risk-based approach and impose specific regulatory requirements on any general-purpose AI system, regardless of its intended use, indicates a potential shift away from the “narrow” regulation approach.
This amended technology-neutral definition of an AI system in practice broadens the scope of regulated technologies. What is more, taken together these changes suggest an undercurrent of a “broader” regulatory framework for Artificial Intelligence.
Finding the Middle Ground
As the EU navigates this complex landscape, it finds itself in competition with the United Kingdom and the United States, both of which tend to adopt a more permissive approach to AI regulation. While the EU's proposals aim to establish comprehensive standards, it must exercise caution to avoid stifling innovation by burdening the technology with excessive regulations. Striking the right balance is crucial, as the EU seeks to mitigate potential risks while maintaining a supportive environment for advancements in Artificial Intelligence.
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