Europe’s AI regulations face uncertain fate amid negotiations

Dec 04, 2023

Shannon Longworth Reporter

By Shannon Longworth (Reporter), Zachary Hill (Editor)

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The European Union’s once-pioneering efforts to regulate artificial intelligence have hit some roadblocks in the face of new legislation. Lawmakers are struggling to reconcile differing perspectives on foundation models such as generative AI tools like ChatGPT, according to Reuters.

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The European Commission unveiled its proposal for the AI Act in 2021, and the European Parliament granted approval in June of 2023. The drafted regulations now have to move through the European Parliament, the Council and the European Commission.

However, a persistent tension between the pursuit of unhindered innovation in the competitive AI landscape and the imperative for robust regulations to prioritize safety remains a central challenge.

Obstacles emerged during EU negotiations when France, Germany and Italy advocated for self-regulation among companies developing foundation models, according to Politico. The three countries proposed a paper asserting the need for a “regulatory framework which fosters innovation and competition, so that European players can emerge and carry our voice and values in the global race of AI.”

Additional contentious issues include a proposal for a complete ban on public facial recognition.

With talks scheduled for Wednesday, Dec. 6, EU leaders face a crucial moment as they strive to finalize a version before the commencement of election campaigns next year. A failure to reach an agreement could jeopardize the legislation.

Simultaneously, while EU negotiations persist, China has surged ahead with its own AI regulation, which took effect in August.

In the United States, President Joe Biden took a significant step in October by issuing an executive order on AI safety. The order requires that developers with AI technology that could threaten national security will share safety test results with the government. However, the executive order only goes so far. President Biden called on Congress to take further actions on AI regulation.

Tags: AI, Artificial Intelligence, ChatGPT, China, Europe, European Union, France, Germany, Italy, Joe Biden, Regulation

[SHANNON LONGWORTH]

WHILE THE EU STARTED OUT PIONEERING AI REGULATION, EFFORTS TO GET LEGISLATION OVER THE FINISH LINE ARE HITTING A SNAG. ACCORDING TO REUTERS, LAWMAKERS CAN’T AGREE ON WHAT TO DO WITH FOUNDATION MODELS, WHICH INCLUDES GENERATIVE AI LIKE CHATGPT.

THE EUROPEAN COMMISSION INTRODUCED ITS PROPOSAL FOR THE AI ACT IN 2021 AND THE EUROPEAN PARLIAMENT APPROVED THE BILL IN JUNE. THE DRAFT RULES NOW HAVE TO MOVE THROUGH THE EUROPEAN PARLIAMENT, THE COUNCIL AND EUROPEAN COMMISSION.

BUT WE’RE CONTINUALLY SEEING TENSION BETWEEN THE DESIRE FOR UNSTIFLED INNOVATION IN THE COMPETITIVE AI RACE AND THE PUSH FOR REGULATION TO ENSURE THAT SAFETY IS A TOP PRIORITY.

EU NEGOTIATIONS ENCOUNTERED OBSTACLES WHEN FRANCE, GERMANY AND ITALY ADOPTED POSITIONS AGAINST HARD RULES FOR FOUNDATION MODELS.

ACCORDING TO POLITICO, THE THREE COUNTIES PENNED A PAPER, SUGGESTING THAT COMPANIES SELF-REGULATE FOUNDATION MODELS. THE PAPER REPORTEDLY SAID THAT EUROPE NEEDS A “REGULATORY FRAMEWORK WHICH FOSTERS INNOVATION AND COMPETITION, SO THAT EUROPEAN PLAYERS CAN EMERGE AND CARRY OUR VOICE AND VALUES IN THE GLOBAL RACE OF AI.”

THERE ARE OTHER ISSUES THAT NEED TO BE HASHED OUT, INCLUDING A PROPOSAL TO COMPLETELY BAN PUBLIC FACIAL RECOGNITION.

TALKS ON WEDNESDAY WILL MARK ONE OF THE LAST OPPORTUNITIES, AS THEY NEED TO AGREE ON A FINAL VERSION BEFORE THEY START CAMPAIGNING FOR ELECTIONS NEXT YEAR. IF IT DOESN’T HAPPEN IN TIME, NEW EU LEADERS COULD HAVE DIFFERENT VIEWS ON AI AND THE LEGISLATION COULD FALL APART.

WHILE EU NEGOTIATIONS ARE ONGOING, CHINA HAS MOVED AHEAD WITH ITS OWN REGULATION, WHICH TOOK EFFECT IN AUGUST.

HERE IN THE US, PRESIDENT BIDEN ISSUED AN EXECUTIVE ORDER FOR AI SAFETY IN OCTOBER. AMONG OTHER THINGS, IT REQUIRES DEVELOPERS OF FOUNDATION MODELS THAT COULD POSE A RISK TO NATIONAL SECURITY TO PROVIDE SAFETY TEST RESULTS WITH THE GOVERNMENT. HOWEVER, THE EXECUTIVE ORDER ONLY GOES SO FAR AND BIDEN CALLED ON CONGRESS TO ACT ON AI.