Which country will regulate artificial intelligence first? Governments and parliaments from all over the world have been wondering whether and how to intervene for some time. Now the boom of ChatGPT has made the matter a priority. A trend also confirmed by Stanford University: From 2016 to 2022, passed bills mentioning AI increased from 1 to 37, and mentions in legislative proceedings increased approximately 6.5-fold. In a context of general frenzy, here are the moves of the main global powers.
The OpenAI experiment: ChatGPT enters politics by Bruno Ruffilli 28 May 2023
European Union
The Commission presented its own proposed Artificial Intelligence Act (AI Act) in 2021. After the vote of the European Parliament in June, the text has now entered the last stage of negotiations. The AI Act could be approved by the end of the year, in a bid to become the world‘s first law on AI, although the related rules should only apply after two years.
This regulation horizontally regulates the placing on the market, commissioning and use of AI-systems in Europe. The legislator’s approach is based on the risks that may arise from the use of this technology. For the practices considered unacceptable risk, such as social scoring and predictive policing, a real ban is expected. High-risk AI systems, such as those used in candidate selection or critical infrastructure, can only be commercialized if a series of stringent obligations are met. For low-risk systems, such as chatbots, there will be specific transparency requirements. Minimum risk systems, such as spam filters, will not be subject to binding requirements. They are also established transparency obligations for generative AI programmes, measures to support innovation, a system of supervisory authorities and fines of up to €40 million.
The Morozov interview: “The Guarantor on ChatGpt did well. The AI of Silicon Valley must be opposed on a political and philosophical level” by Arcangelo Rociola 19 April 2023
United States
In America, there is no bill to regulate artificial intelligence once and for all. Despite the lack, to date, of a competitor to the stars and stripes of the AI Act, they have been various proposals presented in the last few years. However, the American approach is more oriented towards the adoption of voluntary and non-binding rules and principles, applying sectoral laws and recognizing a central role for national agencies. Among the best known federal initiatives are the project for an artificial intelligence bill of rights e l’AI Risk Management Framework. The first is a compendium of principles to guide the design, use and deployment of automated systems to protect the rights of American citizens. The second is a non-binding tool released by the National Institute of Standards and Technology to enable industry players to manage the risks associated with AI. At the state level, new laws were introduced in 2022 in at least 17 states (for example in Illinois, where the use of AI in the selection of candidates has been regulated) and special task forces have been set up to study the phenomenon.
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Chinese
A distinctive feature of the Chinese strategy is the attention to specific applications of AI, in addition to the presence of local regulations. As for the first aspect, in line with the programmatic document published by the State Council in 2017, regulations have been adopted to regulate algorithmic recommendation services e deep synthesis technologies. A draft regulation was also published last April dedicated to generative artificial intelligence services. Compared to the second profile, either in the Shenzhen Special Economic Zoneis a Shanghai regulations are in place to promote the AI industry.
Artificial intelligence Sundar Pichai and Bard’s absence from the EU: “We’ll be there soon, but we want to respect all the rules” by our correspondent Emanuele Capone May 12, 2023
United Kingdom
In the aftermath of Brexit, the UK is independently developing its own plan to standardize artificial intelligence. The country’s next moves were recently summarized in a special white paper. The British government, for the moment, does not intend to intervene with a centralized AI Act-style law, but aims to leave the task of regulating this technology within the scope of their respective competences to the national authorities. In doing so, however, a series of high-level principles dictated by the executive must be respected.
The other countries
In Brazil it is currently discussing a bill on artificial intelligence that is inspired by the risk-based approach of the AI Act. In Canada it is working on the passage of the Artificial Intelligence and Data Act, a set of rules focused on high-impact artificial intelligence systems and which, once again, follows the path traced by the European legislator. Japan, on the other hand, could lean towards a course of action closer to the American one. There is an ongoing debate in Australia on how to regulate AI and, to this end, a public consultation has been opened.
The busted debate on the AI law by Andrea Monti 12 October 2022
The stakes
In the diversity of strategies and views, the globe it revolves between those who have chosen the path of newly minted laws and those who instead want to rely on already existing rules and authorities. «To regulate, or not to regulate, that is the dilemma» Hamlet would ask himself today if he were a man of the law. At stake is not so much the prestige of being first as the need to find the right balance between the protection of rights and innovationthus directing the moves of the entire geopolitical chessboard and the future global economy.
Artificial intelligence OpenAI, hearing in the Chamber: “We support the EU rules. AI will cancel tasks, not jobs” by Italian Tech editorial staff 28 June 2023