For more than two years, the European Union has been working on an ambitious project to regulate artificial intelligence, known as the AI ​​Act. The main objective of this initiative is to foster innovation while guaranteeing security and user rights. On Thursday May 11, during a vote in committee, MEPs took a decisive step by approving a reinforced version of the draft AI regulation compared to the initial text of April 2021. This decision was taken at a very large majority, reflecting the importance attached to this issue.

Now, let's explore the five key points behind the IA Act.

What is the purpose of the IA Act?

The AI ​​Act proposes to establish a consistent legal framework for the commercialization and use of artificial intelligence. Its main objective is to prevent possible abuses related to AI, while preserving a space conducive to innovation. According to German MEP Svenja Hahn, quoted by Reuters, "We managed to find a compromise that regulates AI in a proportionate way, protects civil rights and stimulates innovation and the economy." The adoption of such regulations would be a world first on this scale, thus marking a significant step in the field of AI regulation.

How will the IA Act be implemented?

Europe is proposing a text that incorporates the regulations already in force in terms of product safety, while providing for control measures for artificial intelligence applications considered "at risk". These "at risk" applications cover various areas such as critical infrastructure, education, human resources, law enforcement and migration management.

According to the text, companies that develop these "at-risk" AIs must meet several requirements, including ensuring that human control is maintained, establishing technical documentation and implementing a risk management system. Each member country of the European Union will be responsible for setting up its own monitoring body. No further obligations will be imposed on applications that are not considered "at risk".

The pure and simple prohibition of certain uses of AI?

In the vote, MEPs approved a ban on the use of facial recognition in public spaces as well as predictive policing tools. These two examples illustrate the AI ​​applications that Europe clearly wishes to prevent from developing on its territory. In addition, the April 2021 text also targeted systems establishing social ratings, biometric identification, subliminal manipulation and targeting of vulnerable people. These uses of AI were all targeted by the proposed restrictive measures.

What are the consequences for generative AIs such as ChatGPT?

Regarding generative AIs, which have transformed the digital landscape and have experienced widespread democratization in recent months, new transparency measures will be imposed. Tools such as ChatGPT, Midjourney or DALL-E will most likely need to disclose the copyrighted content that was used to train their language models.

Moreover, these AIs should be subjected to tests carried out by independent experts in the future, in order to control potential risks related to security, health, fundamental rights, democracy and the environment. These hard-to-avoid risks and possible misuse must be clearly specified in separate documentation. In addition, compliance with the General Data Protection Regulation (GDPR) will be crucial in any case.

What date for the IA Act?

After two years of negotiations, the draft of the draft regulation of the uses of AI was adopted by MEPs, thus marking an important step towards the adoption of a complete text. The next step in the legislative process is to confirm the outcome of this preliminary agreement at a committee plenary session in June.

Subsequently, a new period of negotiations with the Member States will follow, leading to the drafting and voting of the final text. Margrethe Vestager, vice-chair of the commission, expressed her determination not to waste time and hopes to start the first political negotiations before the summer, with the aim of concluding them this year.

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