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The rapid pace of technological advancement and innovation has put governance and regulatory mechanisms to the test. There is a clear need for new and innovative regulatory mechanisms that enable governments to successfully manage the integration of such technologies into our societies and ensure that such integration occurs in a sustainable, beneficial, and just manner. Artificial Intelligence stands out as one of the most debated such innovations. What exactly is it, how should it be built, how can it be used, and how and should it be regulated? Yet, in this debate, AI is becoming widely utilized within both existing, evolving, and bespoke regulatory contexts. The present chapter explores in particular what is arguably the most successful AI regulatory approach to date, that of the European Union. We explore core definitional concepts, shared understandings, values, and approaches currently in play. We argue that due to the so-called ‘Brussels effect’, regulatory initiatives within the European Union have a much broader global impact and, therefore, warrant close inspection.
Jurisdictions around the world are preparing regulations for artificial intelligence, as investments in AI technologies continue to increase as a source of efficiency and innovation for companies and governments. One of the most influential regulative proposals for AI is that proposed by the European Commission in April 2021, the “AI Act.” The EU’s proposed regulation has already inspired some international regulative proposals and is likely to broadly impact AI policies around the world. Yet the Act is still in process, it’s strengths could be compromised, or it’s weaknesses addressed. In this piece, we analyze the core policy concepts of the AI Act, with focus both on those worth amending and defending. These discussions may provide valuable elements for other regions beyond the EU to consider for their own AI policy. While the AI Act could still be improved to make it even more robust in managing AI-related risks to health, safety, and fundamental rights, and to increase incentives to industry to take actions beneficial to both itself and others, overall we applaud this act.
The rapid pace of technological advancement and innovation has put existing governance and regulatory mechanisms to the test. There is a clear need for new and innovative regulatory mechanisms that enable governments to successfully manage the integration of digital technologies into our societies, and to ensure that such integration occurs in a sustainable, beneficial, and just manner. Artificial Intelligence (AI) stands out as one of the most debated of such innovations. What exactly is it, how should it be built and deployed, how can it be used, and how should it be regulated? Yet across the period of this debate, AI is becoming widely used and addressed within existing, evolving, and bespoke regulatory contexts. The present chapter explores the extant governance of AI and, in particular, what is arguably the most successful AI regulatory approach to date, that of the European Union. The chapter explores core definitional concepts, shared understandings, values, and approaches currently in play. It argues that not only are the Union’s regulations locally effective, but, due to the so-called “Brussels effect,” regulatory initiatives within the European Union also have a much broader global impact. As such, they warrant close consideration.
The European Union (EU) has been leading the world with its influential digital regulation. However, the EU’s legislative process is sufficiently complex and careful that some national legislation clearly influenced by the EU’s AI Regulation is already in place in other countries, before the law has even been finalized in the EU. Meanwhile, other states and regions are just beginning to develop AI policy. For both the EU and such others, we here describe the outcomes of the first round of legislative action by one of the EU’s two legislative bodies, the European Parliament, in terms of modifying the Artificial Intelligence Act. The Parliament has introduced a number of changes we consider to be enormously important, some in a very good way, and some in a very bad way. At stake is whether the AI Act really brings the power and strength of product law to continuously scale improved practice on products in the EU with intelligent components, or whether the law becomes window-dressing aimed only at attacking a few elite actors post hoc. We describe here the EU process, the changes and our recommendations.