Yesterday, the EU reached a deal on its landmark AI bill. In the process, they’re racing ahead of US:
The European approach to trustworthy AI
The new rules will be applied directly in the same way across all Member States, based on a future-proof definition of AI. They follow a risk-based approach:
Minimal risk: The vast majority of AI systems fall into the category of minimal risk. Minimal risk applications such as AI-enabled recommender systems or spam filters will benefit from a free-pass and absence of obligations, as these systems present only minimal or no risk for citizens’ rights or safety. On a voluntary basis, companies may nevertheless commit to additional codes of conduct for these AI systems.
High-risk: AI systems identified as high-risk will be required to comply with strict requirements, including risk-mitigation systems, high quality of data sets, logging of activity, detailed documentation, clear user information, human oversight, and a high level of robustness, accuracy and cybersecurity. Regulatory sandboxes will facilitate responsible innovation and the development of compliant AI systems.
Examples of such high-risk AI systems include certain critical infrastructures for instance in the fields of water, gas and electricity; medical devices; systems to determine access to educational institutions or for recruiting people; or certain systems used in the fields of law enforcement, border control, administration of justice and democratic processes. Moreover, biometric identification, categorisation and emotion recognition systems are also considered high-risk.
Unacceptable risk: AI systems considered a clear threat to the fundamental rights of people will be banned. This includes AI systems or applications that manipulate human behaviour to circumvent users’ free will, such as toys using voice assistance encouraging dangerous behaviour of minors or systems that allow ‘social scoring’ by governments or companies, and certain applications of predictive policing. In addition, some uses of biometric systems will be prohibited, for example emotion recognition systems used at the workplace and some systems for categorising people or real time remote biometric identification for law enforcement purposes in publicly accessible spaces (with narrow exceptions).
Specific transparency risk: When employing AI systems such as chatbots, users should be aware that they are interacting with a machine. Deep fakes and other AI generated content will have to be labelled as such, and users need to be informed when biometric categorisation or emotion recognition systems are being used. In addition, providers will have to design systems in a way that synthetic audio, video, text and images content is marked in a machine-readable format, and detectable as artificially generated or manipulated.
Companies not complying with the rules will be fined.
I’ll give my commentary in a moment. But I’ll serve up the comments of Anurag Gurtu , CPO, StrikeReady:
The regulation paves the way for what could become a global standard to classify risk, enforce transparency and financially penalize tech companies for noncompliance.
The European Union’s deal on the landmark AI bill marks a significant moment in the global conversation about the regulation of artificial intelligence. This ambitious legislation, which seeks to classify AI risks, enforce transparency, and penalize noncompliance, demonstrates the EU’s proactive stance in addressing the complexities of AI technologies.
The Act’s focus on monitoring and oversight, especially for high-risk applications, could set a new global standard for AI regulation. While it aims to balance protection and innovation, the Act will require tech companies operating in the EU to adapt significantly, potentially reshaping global AI development and deployment strategies.
This legislation also raises critical discussions about the balance between innovation and ethical considerations in AI. While Europe is taking a lead, it will be interesting to see how other regions, particularly the U.S., respond to this development. Will they follow suit with similar regulations, or will they take a different path?
Moreover, the Act’s implications on open-source AI models, which are exempt from certain restrictions, could stimulate interesting shifts in the AI industry, potentially favoring open-source approaches.
However, there are concerns about the potential impact on innovation and the competitive edge of European AI companies. While the Act aims to ensure safety and ethical standards, it’s crucial that it doesn’t stifle the innovative potential of AI.
This development is a significant step in the global dialogue on AI governance and sets the stage for further international discussions on how best to manage this rapidly evolving technology.
The combination of classifying risk and known that the EU will not be afraid to drop the ban hammer on any company who tries to skirt the rules is sure to be an effective combination. Other countries need to copy this so that AI is sufficiently regulated and risk is minimized.
Several Senators Release A Framework to Mitigate Extreme AI Risks
Posted in Commentary with tags AI on April 18, 2024 by itnerdYesterday, U.S. Senators Mitt Romney (R-UT), Jack Reed (D-RI), Jerry Moran (R-KS), and Angus King (I-ME) released a letter to the Senate artificial intelligence (AI) working group leaders outlining a framework to mitigate extreme AI risks. I encourage you to read the letter, but here’s the TL:DR:
Congress should consider a permanent framework to mitigate extreme risks. This framework should also serve as the basis for international coordination to mitigate extreme risks posed by AI. This letter is an attempt to start a dialogue about the need for such a framework, which would be in addition to, not at the exclusion of, proposals focused on other risks presented by developments in AI.
Under this potential framework, the most advanced model developers in the future would be required to safeguard against four extreme risks – the development of biological, chemical, cyber, or nuclear weapons. An agency or federal coordinating body would be tasked to oversee the implementation of these proposed requirements, which would apply to only the very largest and most advanced models. Such requirements would be reevaluated on a recurring basis as we gain a better understanding of the threat landscape and the technology.
Sounds interesting. But is it useful? Here’s what Kevin Surace, Chair, Token had to say:
This is great politics and important to state publicly, but it won’t protect anyone from these threats. The major model providers already have strong safeguards in place for these and similar threats (you cannot get an answer from ChatGPT on how to create a chemical weapon).
This changes nothing from all major US providers. They already strongly limit access to such content. However open source models being used by bad actors and rogue countries are not subject to these laws and will misuse the technology anyway.
Anyone can already Google how to create a biological weapon. Having the answers faster doesn’t really help someone with the chemistry, procurement, production and so on anymore than Google already did. But AI could create perhaps new compounds not well documented elsewhere. And the bad actors are already taking advantage of that with open source models.
This has zero impact on OpenAI, Microsoft, Google and so on. And it has zero impact on a rogue country using open source models.
I’m all for guardrails and safeguards. But they have to be useful. I am not yet convinced that this effort by these senators is useful. But I am free to be convinced otherwise. Let’s see if they can convince myself and others that this is a useful exercise.
UPDATE: I have additional commentary from Madison Horn, Congressional Candidate (OK-5) and cybersecurity leader:
The plan proposed by the Senators is crucial. We are in the midst of a new kind of Cold War with China, one that includes the race to harness AI. A comprehensive strategy to not only secure but also to fully harness the potential of AI is essential. The nation that leads in AI will not only dictate global markets but also define international norms for decades to come.
Executing a plan to mitigate AI risks is loaded with challenges. First, we need a solid strategy to retain top talent for any new agencies we might set up, and we must also forge strong partnerships with the private sector. Then there’s Congress—sometimes it seems like they’re in a tech time warp, which doesn’t help. Plus, we can’t let our drive for security strangle American innovation. We need to stay agile, adapting as new models and classifications emerge, and ensure we’re not shutting out new startups or inadvertently creating monopolies.
And let’s not overlook cybersecurity challenges. Ensuring these AI models aren’t leaked or stolen is crucial—our adversaries are definitely taking notes and will be trying to tap into this wealth of information that will be retained.
Artificial intelligence poses a significant threat, one that reshapes the global landscape in ways we haven’t witnessed since the post-WWII era. With new alliances forming, notably between Russia and China, the stakes in the AI war are extraordinarily high. The power of AI doesn’t just accelerate a country’s ability to dominate global markets; it also has the potential to shift global values depending on who emerges as the leader in this technology. In the most extreme scenarios, the misuse of AI could lead to catastrophic outcomes, potentially destroying the world in a matter of seconds. The race to harness AI, therefore, is not just about technological superiority but also about steering the future ethical and moral compass of our entire planet.
We need to keep the spark of American innovation alive—it’s also crucial for our national security. Collaboration with the private sector? Non-negotiable. With many of the few qualified individuals in Congress retiring or being pushed out of office by partisan politics, it’s up to the American people to step up. We must elect leaders who are not just filling a seat but who truly understand the complexities of today’s tech challenges. Leaders who have the understanding to craft and pass laws that safeguard our citizens without choking out our innovation and economic growth. This is about securing a future where America continues to lead, not follow.
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