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The European Union’s proposed artificial intelligence (AI) regulation, released on April 21, is a direct challenge to Silicon Valley’s common view that law should leave emerging technology alone. The proposal sets out a nuanced regulatory structure that bans some uses of AI, heavily regulates high-risk uses and lightly regulates less risky AI systems.
The proposal would require providers and users of high-risk AI systems to comply with rules on data and data governance; documentation and record-keeping; transparency and provision of information to users; human oversight; and robustness, accuracy and security. Its major innovation, telegraphed in last year’s White Paper on Artificial Intelligence , is a requirement for ex-ante conformity assessments to establish that high-risk AI systems meet these requirements before they can be offered on the market or put into service. An additional important innovation is a mandate for a postmarket monitoring system to detect problems in use and to mitigate them.
Despite these innovations and a sound risk-based structure, the regulation appears to have some surprising gaps and omissions. It leaves Big Tech virtually unscathed. It lacks a focus on those affected by AI systems, apparently missing any general requirement to inform people who are subjected to algorithmic assessments. Little […]