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Europe's AI Regulation Against AI Era

 

In a momentous UN summit held in Geneva on July 7, 2023, Doreen Bodgan-Martin, the Secretary-General of the International Telecommunications Union, proclaimed the arrival of the AI era. This declaration followed the European Union's groundbreaking AI regulation, which has sparked discussions about the potential for similar initiatives worldwide. 

Acknowledging the significance of AI's impact on global affairs, Secretary-General Antonio Guterres, during a historic UN Security Council meeting 11 days later, expressed agreement with the sentiments shared by nations and regulators alike. The European Union's AI Act stands as a potential blueprint for global AI regulation. Its comprehensive approach and forward-thinking measures could set the standard for countries worldwide. 

The need to shield citizens from potential AI-related harms, both known issues like discrimination, privacy violations, and copyright theft, as well as unforeseen challenges, has garnered attention from influential entities. However, the approach to address these concerns has varied across nations. Rather than adopting a comprehensive approach, many countries have opted to regulate AI sector by sector, similar to how aircraft design and flight safety are managed individually. 

This sector-specific regulation has had mixed results, as evidenced by the infamous case of the Boeing 737 MAX, which faced regulatory failure and was grounded for an extended period following two fatal crashes that claimed 346 lives within five months. This serves as a poignant reminder of the importance of a robust and cohesive regulatory framework to navigate the complexities of AI while prioritizing citizen safety and well-being. 

Several fields, including medical information (in robot surgery and scan analysis), automated vehicles (like Tesla's robot taxis and 'Full Self Drive'), and social media policing against disinformation, have proactively regulated AI. Some countries like the US, Japan, and the UK believe that adaptive sectoral regulation and potential international agreements are sufficient, without the need for further regulation beyond the G7 Hiroshima Process. 

China has taken a stringent approach to AI regulation, akin to its control over social media, where it has prohibited Facebook, Google, and TikTok from operating within its borders, despite TikTok's Chinese parent company. On the other hand, liberal democracies are unlikely to adopt China's approach but may still pursue stricter AI regulations compared to the US, UK, and Japan. 

In contrast, the European Economic Area, representing the largest consumer market, is moving forward with its 'AI Act,' which is, in reality, a European Regulation on AI. This comprehensive framework aims to govern AI technology within the region and sets an example for other nations grappling with the challenges of AI governance and consumer protection. 

By 2024, the EU's AI Act and the Council's AI Convention will be finalized. Other liberal democracies, including Australia, UK, Brazil, Japan, and US, are anticipated to adopt and adapt these laws.