AI Regulation

A global matter

→ Regulation is a possible answer to AI technologies as they come with benefits but also with risks (ethical and legal)

→ Countries want to secure a competitive position in the market for AI

Guiding Principles

• OECD, 2019
  • AI principles
  • Value-based and recommendations for policy makers
• Bletchley Declaration, 2023
  • AI Safety Summit
  • “Sustain and develop global dialogue”
• Hiroshima Process, 2023
  • International Guiding Principles for Advanced AI system
  • “These principles should apply to all AI actors, when and as applicable to cover the design, development and use of advanced AI system”
• United Nations
  • Resolution on Artificial Intelligence
  • To ensure compliance with human rights law
  • AI goals
  • Closing the digital divide

China

• Regulation exists, but individuals have no specific remedies available in case they rights are infringed upon by the Government; emphasis on ethical duties of individuals prevailing on individuals’ rights
• Measures taken:
  • Measures for the Management of Generative Artificial Intelligence Services (Generative AI Measures) – 2023
  • Measures for Review of Scientific and Technological Ethics – 2023
  • The Administrative Provisions on Deep Synthesis in Internet-based Information Services – 2023
  • The Administrative Provisions on Recommendation Algorithms in Internet-based Information Services – 2022
  • Personal Information Protection Law (PIPL) – 2021

United States

• The Executive Order on Artificial Intelligence, 2023
  • New Standards for AI Safety and Security
    • develop standards, tools, and tests to ensure that AI systems are safe
  • Protecting Americans’ Privacy
    • Develop guidelines for federal agencies to evaluate the effectiveness of privacy-preserving techniques
  • Advancing Equity and Civil Rights
    • Provide clear guidance to landlords, Federal benefits programs, and federal contractors
  • Standing Up for Consumers, Patients, and Students
    • Advance the responsible use of AI in healthcare and the development of affordable and life-saving drugs
  • Supporting Workers
  • Promoting Innovation and Competition
  • Advancing American Leadership Abroad
  • Ensuring Responsible and Effective Government Use of AI

EU - Council of Europe

Focus on the Framework Convention

→ This treaty, unlike the EU AI Act is not enforceable by fines or direct litigation. However, it codifies normative expectations, sets interpretative standards

• First International Treaty On AI
  • Open to non-European countries
  • Set baseline legal safeguards for AI that respect human rights, and the rule of law
• Scope of application
  • Applies to all uses of AI by public authorities - focuses on State obligations
  • For privates: covers AI use when regulated by public authorities