DECODING THE EU ARTIFICIAL INTELLIGENCE ACT: AN ANALYSIS OF KEY CONCEPTS AND PROVISIONS (original) (raw)
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Prohibited Artificial Intelligence Practices in the Proposed EU Artificial Intelligence Act
SSRN Electronic Journal, 2022
s artificial intelligence (AI) is becoming a more and more important part of human lives, the initial hype about its many expected benefits is gradually giving way to rising ethical concerns about its inherent risks and dangers. In order to confront and contain the most serious risks by way of the establishment of a legal framework for trustworthy AI, the European Union released its proposal for an Artificial Intelligence Act (AIA) in April 2021. The draft AIA pursues a proportionate horizontal and risk-based regulatory approach to AI, classifying AI broadly into the categories of unacceptable risks, high risks, and low or minimal risks. The unacceptable risks are those that are deemed to contravene Union values, and they are therefore considered as “prohibited AI practices” by Article 5 AIA. The proposed prohibition covers four categories: 1) AI systems deploying subliminal techniques, 2) AI practices exploiting vulnerabilities, 3) social scoring systems, and 4) “real-time” remote biometric identification systems. These will be critically discussed in the present article.
J
On 21 April 2021, the European Commission presented its long-awaited proposal for a Regulation “laying down harmonized rules on Artificial Intelligence”, the so-called “Artificial Intelligence Act” (AIA). This article takes a critical look at the proposed regulation. After an introduction (1), the paper analyzes the unclear preemptive effect of the AIA and EU competences (2), the scope of application (3), the prohibited uses of Artificial Intelligence (AI) (4), the provisions on high-risk AI systems (5), the obligations of providers and users (6), the requirements for AI systems with limited risks (7), the enforcement system (8), the relationship of the AIA with the existing legal framework (9), and the regulatory gaps (10). The last section draws some final conclusions (11).
THE PROPOSAL OF THE EUROPEAN REGULATION ON ARTIFICIAL INTELLIGENCE
Revista Seqüência, 2022
On 21 April 2021, the European Commission published its proposal for regulating AI (Artificial Intelligence Act - AIA. It is a pioneering legislative proposal that will undoubtedly influence other countries to follow the same path. This study aims to highlight the fundamental characteristics of the AIA to enable an overview and optimize aspects of the law. We used the descriptive exploratory method, based on bibliographic research, where we sought, from the database of the "Portal Periódicos Capes/MEC” and "Google Scholar", to make a comprehensive research of scientific articles that brought in their titles the terms Artificial Intelligence, Artificial Intelligence Act, AI regulation, data governance, hard regulation, and soft regulation. From the literature review analysis, it can be seen that the European Commission has made an option for hard regulation and that the AIA proposes a risk-based approach, imposing regulatory burdens only when an AI system is likely to pose high risks to fundamental rights. It was also concluded that the AIA seeks to prevent the suffocation of technology by allowing the development of an AI ecosystem in the European Union.
ARTIFICIAL INTELLIGENCE AND THE NEW CHALLENGES FOR EU LEGISLATION
Yıldırım Beyazıt Hukuk Dergisi, 2022
Artificial Intelligence is one of the most debated topics of the last decade which is developed by the new technological changes. With the introduction of AI into our daily lives, discussions occurred on machine learning and the legal and ethical issues governing artificial intelligence. At that point, conflicting situations emerged regarding the use of AI technologies, especially data issues and bias. In 1995, European Data Protection Directive, EU Directive 95/46 was passed which regulated the processing of personal data within the borders of EU and provided data privacy and security standards for the individuals. The Directive was repealed on 25th May 2018 by General Data Protection Regulation (GDPR), which brings new concepts with more strict rules on the protection of personal data. Due to its legal nature, GDPR includes binding rules not only for EU countries but also for those who carry out all activities related to data processing inside EU. With the development of technology and depending on different IT techniques, data processing has changed and access to data became easier than ever. As a result of these technologies, the concepts of big data and artificial intelligence have been widely discussed and the development of new electronic devices and the implementation of more use of robots have brought some legal questions into practice. Recently, there are some new regulations that seem likely to enter EU legislation in the next years, such as Artificial Intelligence Act, Data Governance Act, Data Act, and European Health Data Space. There is uncertainty for the next years, about how new regulations will affect each other including GDPR. This paper aims to discuss artificial intelligence, including GDPR and the new legal developments in the EU legislation within the technological implementations.
A Review of Challenges and Critiques of the European Artificial Intelligence Act (AIA
International Conference on Information Systems, 2023
The Information Systems (IS) research community has been interested in Artificial Intelligence (AI) for many years. The European Commission proposed the European Artificial Intelligence Act (AIA) in April 2021 with the goal of providing a harmonized regulatory framework for the development and deployment of AI technology. The AIA is a unique initiative which holds great significance for IS research and practice. Although the Act has gained significant attention, research has highlighted various challenges and critiques. This systematic literature review categorizes and summarizes existing AIA research to identify these issues, which primarily pertain to the regulation's formulation, compliance, enforcement, and anticipated impacts on industry and civil society. We suggest future IS research directions, focusing on compliance with regulation, formulation of legal regulation, and longitudinal research covering multiple policy cycle stages.
The EU's Artificial Intelligence Act: Should some applications of AI be beyond the pale?
Heinrich Böll Stiftung Hong Kong [blog], 2022
The Artificial Intelligence Act (AIA) represents the EU's attempt to regulate AI systems in line with "European values". This article, written for the Heinrich Böll Foundation Hong Kong, offers some reflections on this regulatory proposal, with a particular focus on three AI applications categorized as “unacceptable risk”, and therefore singled out for prohibition: 1) systems that would cause harm to users by manipulating their behaviour; 2) state-run “social scoring” of a general nature; and 3) the use of ‘real time’ remote biometric systems for law enforcement.
Artificial Intelligence and Europe: risks, developments and implications
2020
During a lesson on Knowledge Day in September 2017, Russian President Vladimir said: "Artificial intelligence is the future, not only for Russia, but for all humankind. It comes with colossal opportunities, but also threats that are difficult to predict. Whoever becomes the leader in this sphere will become the ruler of the world". Technology seems to have the power to change our work, our society and our daily life. It has become almost indispensable in everyday activities, and it involves many aspects of our lives. According to many experts, academics and policymakers, we are in the middle of the 4 th industrial revolution that will affect our societies in the next decades. The real actor in this process is Artificial Intelligence (AI), which has become more present and essential both in the private and public sector. AI is changing many aspects of people's lives and bring important benefits to society and the economy thanks to better healthcare, an efficient public administration, and safer transport. Comprehending and analysing AI is fundamental in order to embrace the next challenges of the future, and to be competitive with other global leaders. How can AI be used by Europe as a whole? Which are the rules that would be considered in the following years? And how would the rest of the world react to such innovations? How the EU should we respond to such innovation and create a quality brand? Intending to respond to these questions, the present paper examines the AI framework in Europe, its legal and ethical implications. This paper is divided into three sections: the first one gives an overall vision on AI and on the state of the art worldwide; the second one analyses the efforts that EU is making and should make to become a relevant character in the AI race; and finally the conclusion focuses on what lacks to Europe to be a global leader in the AI field. The United States (US) and China are clearly the world's leaders in such environment. On the other way round, the European Union (EU), is not in the game, despite the recent legislation developed by the Commission. In order to maximise the development of AI, new rules are necessary to guarantee principles, rights, and a fair use of it. To tackle the huge development carried out by the AI world's leaders, Europe should respond by setting two objectives: on one hand, to create a positive environment to invest; on the other hand, to emerge as a quality brand for AI, as recently happened with the General Data Protection Regulation (GDPR). The paper argues that the EU is pointing to become a sort of referee in such field, spreading rules and guidelines in the digital environment. Nevertheless, leading in this field would not permit Europe to explore the opportunities that AI may give to European technological process.
Artificial Intelligence Regulation: Experience of the European Union
Scientific Journal of Samarkand State University, 2022
The experience of the European Union in the regulation of artificial intelligence is worth of study due to the fact that the modern European legislation focuses on the protection of human rights in the context of the digitalization of society. In this, the European approach differs from the American and especially from the Chinese approaches. The article analyzes the main provisions of the emerging legislation of the European Union in the field of artificial intelligence.
The issues of legal regulation of artificial intelligence.
Charalampos STAMELOS (dir.), Universal Solutions to Global Problems: Holistic Analysis of Law Connecting Theory and Practice, Newcastle-upon-Tyne, Cambridge Scholars Publishing, 2023
The European Union's Artificial Intelligence Act is the most significant project in the field of AI regulation. This is probably due to the fact that it constitutes the first binding legal project. It is less than two years since it has generated an intensive discussion, first among the European institutions, but also between the various actors involved in AI: scientific and academic associations, AI developers, GAFAM, and Human Rights NGOs. This paper seeks to analyse some of the main issues raised by the AI Act: why is there a need for a European regulation? What exactly is the AI Act and what are its major challenges? It's a fact accepted by everyone: the development of Artificial Intelligence (AI) is challenging our society. It is another revolution within the digital revolution. While AI can definitely bring wealth and social benefits, it may also threaten the functioning of the democracy and the human rights protection 2. The ambition of any regulation should be to develop new European digital rights. From a historical point of view, the present situation appears similar to the one in the 19th century when the industry revolution led to the development of new labour and social rights, or the one in the 20 th century when the pollution problem resulted into new environmental rights 3. 1 This paper is the written version of a course taught at La Sapienza University of Rome on the 16th of June 2022, under a CIVIS program funded by the European Union (Rights and Democracy: the Multilevel Protection of Fundamental Rights and the Role of Constitutional and European Courts).
General-purpose AI regulation and the European Union AI Act
Internet Policy Review, 2024
This article provides an initial analysis of the EU AI Act's (AIA) approach to regulating general-purpose artificial intelligence (AI) - such as OpenAI's ChatGPT - and argues that it marks a significant shift from reactive to proactive AI governance. While this may alleviate concerns that regulators are constantly lagging behind technological developments, complex questions remain about the enforceability, democratic legitimacy, and future-proofing of the AIA. We present an interdisciplinary analysis of the relevant technological and legislative developments that ultimately led to the hybrid regulation that the AIA has become: a framework largely focused on product safety and standardisation with some elements related to the protection of fundamental rights. We analyse and discuss the legal requirements and obligations for the development and use of general-purpose AI and present the envisaged enforcement and penalty structure for the (un)lawful use of general-purpose AI in the EU. In conclusion, we argue that the AIA has significant potential to become a global benchmark for governance and regulation in this area of strategic global importance. However, its success hinges on effective enforcement, fruitful intra-European and international cooperation, and the EU's ability to adapt to the rapidly evolving AI landscape.