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The European Union: Artificial Intelligence Act

🔊 Listen to this Post (Latest update: 27 August 2023) The Artificial Intelligence Act (AI Act) is a regulation proposed on 21 April 2021 by the European Commission which aims to introduce a common regulatory and legal framework for artificial intelligence. Its scope encompasses all sectors (except for military), and to all types of artificial intelligence. As a piece of product regulation, the proposal does not confer rights on individuals, but regulates the providers of artificial intelligence systems, and entities making use of them in a professional capacity.

The proposed EU Artificial Intelligence Act aims to classify and regulate artificial intelligence applications based on their risk to cause harm. This classification primarily falls into three categories: banned practices, high-risk systems, and other AI systems.

Banned practices are those that employ artificial intelligence to cause subliminal manipulation or exploit people’s vulnerabilities that may result in physical or psychological harm, make indiscriminate use of real-time remote biometric identification in public spaces for law enforcement, or use AI-derived ‘social scores’ by authorities to unfairly disadvantage individuals or groups. The Act entirely prohibits the latter, while an authorisation regime is proposed for the first three in the context of law enforcement.

High-risk systems, as per the Act, are those that pose significant threats to health, safety, or the fundamental rights of persons. They require a compulsory conformity assessment, undertaken as self-assessment by the provider, before being launched in the market. Particularly critical applications, such as those for medical devices, require the provider’s self-assessment under AI Act requirements to be considered by the notified body conducting the assessment under existing EU regulations, like the Medical Devices Regulation.

AI systems outside the categories above are not subject to any regulation, with Member States largely prevented from further regulating them via maximum harmonisation. Existing national laws related to the design or use of such systems are disapplied. However, a voluntary code of conduct for such systems is envisaged, though not from the outset.

The Act further proposes the introduction of a European Artificial Intelligence Board to promote national cooperation and ensure compliance with the regulation.

Like the European Union’s General Data Protection Regulation, the AI Act could become a global standard. It is already having impact beyond Europe; in September 2021, Brazil’s Congress passed a bill that creates a legal framework for artificial intelligence. The European Council adopted its general approach on the AI Act on 6 December 2022. Germany supports the Council’s position but still sees some need for further improvement as formulated in an accompanying statement by the member state. Among the measures likely to be proposed is for AI developers for products such as Open AI’s ChatGPT to declare whether copyrighted material was used to train their technology.

Read more on European Commission – Excellence and trust in artificial intelligence, A European approach to artificial intelligence, Regulatory framework proposal on artificial intelligence, AI rules: what the European Parliament wants, Artificial intelligence: threats and opportunities, Document 52021PC0206 – LAYING DOWN HARMONISED RULES ON ARTIFICIAL INTELLIGENCE (ARTIFICIAL INTELLIGENCE ACT) AND AMENDING CERTAIN UNION LEGISLATIVE ACTS, ArtificialIntelligenceAct.eu, Forbes, 31 January 2022: Human Borgs: How Artificial Intelligence Can Kill Creativity And Make Us Dumber, Wired, 13 July 2022: When AI Makes Art, Humans Supply the Creative Spark (Wikipedia Artificial intelligence art), BBC, 28 November 2022: The weird and wonderful art created when AI and humans unite, The Atlantic, 7 December 2022: ChatGPT Is Dumber Than You Think, NPR, 19 December 2022: A new AI chatbot might do your homework for you. 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Lies About You?, El Pais, 3 August 2023: AI voices are hard to spot even when you know it might be a deepfake, The Wall Street Journal, 4 August 2023: Why ChatGPT Is Getting Dumber at Basic Math, Politico.eu, 4 August 2023: France bets big on open-source AI, El Pais, 5 August 2023: Artificial intelligence is gaining state lawmakers’ attention, and they have a lot of questions, Los Angeles Times, 6 August 2023: Actors and writers aren’t the only ones worried about AI, new polling shows, The Economist, 9 August 2023: If it can be designed on a computer, it can be built by robots, Politico.eu, 10 August 2023: Beware the beguiling Doctor Chatbot, Politico.eu, 10 August 2023: Beware the beguiling Doctor Chatbot, The Atlantic, 10 August 2023: Can an AI Save a Life?, The Times, 11 August 2023: Oliver Dowden interview: AI to bring ‘total revolution’ — and new terror threats, The Washington Post, 12 August 2023: A new AI app lets users ‘text with Jesus.’ Some call it blasphemy., The Guardian, 12 August 2023: AI: Technology could have bigger impact on UK than Industrial Revolution, says UK minister, The Washington Post, 14 August 2023: What to do when you’re accused of AI cheating, The Times, 15 August 2023: How AI helped me to walk again, NPR, 15 August 2023: What happens when thousands of hackers try to break AI chatbots, Foreign Affairs, 16 August 2023: The AI Power Paradox, Arab News, 16 August 2023: Saudi AI summer school students at Oxford University meet Kingdom’s ambassador to UK, The Economist, 16 August 2023: Can computing clean up its act?, The Washington Post, 16 August 2023: Here’s a simple way to regulate powerful AI models, Politico.eu, 17 August 2023: Western powers argue over how to control AI, The Economist, 17 August 2023: AI could make it less necessary to learn foreign languages, Arab News, 18 August 2023: The artificial intelligence war? 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Here’s where WGA, studios stand. and Wikipedia Artificial Intelligence Act (Smart Traveler App by U.S. Department of State - Weather report by weather.com - Johns Hopkins University & Medicine - Coronavirus Resource Center - Global Passport Power Rank - Democracy Index - GDP according to IMF, UN, and World Bank - Global Competitiveness Report - Corruption Perceptions Index - Press Freedom Index - World Justice Project - Rule of Law Index - UN Human Development Index - Global Peace Index - Travel & Tourism Competitiveness Index). Photos by Wikimedia Commons. If you have a suggestion, critique, review or comment to this blog entry, we are looking forward to receive your e-mail at comment@wingsch.net. Please name the headline of the blog post to which your e-mail refers to in the subject line.

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