• Week in Review: Lawyers Uncover Insights on Westlaw Today's Secondary Sources

  • Oct 26 2024
  • Length: 3 mins
  • Podcast

Week in Review: Lawyers Uncover Insights on Westlaw Today's Secondary Sources

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  • Summary

  • In a significant move shaping the future of technology regulation globally, the European Union has passed the groundbreaking Artificial Intelligence Act (AI Act), marking it as one of the first comprehensive legislative frameworks focused on artificial intelligence. The AI Act seeks to address the various challenges and implications posed by rapid developments in AI technologies.

    As this legislation enters into force, it aims to ensure that AI systems across the European Union are safe, transparent, and accountable. The regulation categorizes AI applications according to their risk levels—from minimal risk to unacceptable risk—laying down specific requirements and prohibitions to manage their societal impacts. AI systems considered a clear threat to the safety, livelihoods, and rights of people fall under the unacceptable risk and are strictly prohibited. This includes AI that manipulates human behavior to circumvent users' free will (except in specific situations such as necessary for public authorities) and systems that allow 'social scoring' by governments.

    For high-risk applications, such as those involved in critical infrastructure, employment, and essential private and public services, the AI Act mandates rigorous assessment and adherence to strict standards before these technologies can be deployed. This includes requirements for data and record-keeping, transparency information to users, and robust human oversight to prevent potential discrimination.

    Additionally, less risky AI applications are encouraged to follow voluntary codes of conduct. This tiered approach not only addresses the immediate risks but also supports innovation by not unduly burdening lesser risk AI with heavy regulations.

    Legal experts like Lily Li view these regulations as a necessary step for governing complex and potentially intrusive technologies. The European Union's proactive approach could serve as a model for other regions, setting a global standard for how societies could tackle the ethical challenges of AI. It nudicates a clear pathway for legal compliance for technology developers and businesses invested in AI, emphasizing the need for a balanced approach that fosters innovation while protecting civil liberties.

    In terms of enforcement, the AI Act is structured to empower national authorities with the oversight and enforcement of its mandates, including the ability to impose fines for non-compliance. These can be significant, up to 6% of a company's annual global turnover, mirroring the strict enforcement seen in the European Union's General Data Protection Regulation.

    Overall, the AI Act represents a significant milestone in global tech regulation. As nations worldwide grapple with the complexities of artificial intelligence, the European Union's legislation provides a clear framework that might inspire similar actions in other jurisdictions. This is not just a regulatory framework; it is a statement on maintaining human oversight over machines, prioritizing ethical standards in technological advancements.
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