AI Act: Europe initiates the world's first global decree on Artificial Intelligence

January 19, 2024

With the AI Act, Europe approves the world's first decree on artificial intelligence. After 36 hours of negotiations, the European Parliament and the Council have reached an agreement, banning real-time biometric recognition (albeit with three exceptions). This historic legislation provides a comprehensive framework for AI development, with intense debates focusing on the permitted and prohibited use of AI by law enforcement, from real-time biometric recognition to predictive policing.

Three focal points of the negotiation:

Use of Artificial Intelligence for policing

The Council resisted a definitive ban on the use of AI for analyzing data, real-time biometric recognition, and implementing predictive policing. Despite Parliament opposition, exceptions were introduced for law enforcement, with strengthened safeguards. Biometric recognition was prohibited except in cases of terrorist threats, victim searches, or persecution of serious crimes. The complex dossier also includes regulations on remote biometric identification, high-risk AI systems for policing (exceptions for national security and bans on exporting technologies that risk the fundamental rights of third countries).

Regulation of foundational models of Artificial Intelligence

Regarding foundational models, the discussion revolves around two levels of framing, distinguishing high-impact AIs like GPT-4 and smaller-sized models. The proposal imposes stringent rules for high-impact AIs, requiring pre-market requirements such as cybersecurity and transparency. For smaller models, the AI Act comes into effect at the time of commercialization.

Challenges and prospects of the AI Act

The negotiation highlights the intention to strengthen copyright and ensure transparency in content generated by algorithms. The full implementation period is 24 months, with only 6 months allowed to prohibit unauthorized uses. The AI Pact, a voluntary compliance agreement allowing companies to adapt before the full implementation of the AI Act, is introduced. A dedicated European office for artificial intelligence was established to oversee law enforcement. Exceptions are provided for small and medium-sized enterprises, and regulatory sandboxes are created to promote innovation.

Despite the agreement, work on the AI Act continues, with technical experts refining the language of the documents. The game is still ongoing.

Source: Wired

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