NAVIGATING THE AI REGULATORY LANDSCAPE

Artificial intelligence (AI) is reshaping the way we live, work and interact. As this transformative technology continues to evolve, regulatory frameworks are crucial to ensure its responsible and ethical deployment. In its traditional form, systems that look for patterns in data and then make predictions based upon this data, AI has been an integral component of global activity for some time, and the emphasis upon regulation has been somewhat muted. However, with ChatGPT and similar emerging technologies, the focus of AI has now extended to what is typically referred to as generative AI (GenAI). With GenAI, the systems are not just analysing data and making predictions; instead, they are taking the additional step of creating something new from the source materials, whether that something new is text, an image or the like. The question that remains to be answered by regulation is how to best balance the ongoing encouragement of innovation with the identification and mitigation of risk that may result from the misuse of either the tools of AI, or the output from the use of those tools.

Across the globe, numerous countries and regional groups, including the US, European Union (EU), India, China and Japan, are taking steps to analyse the reach of GenAI and the scope of necessary regulatory oversight. This approach is not terribly remarkable, of course, as a similar approach has historically been taken to other technologies, with the initial step being to figure out what the technology represents vis-à-vis impact before figuring out what, if any, regulation of the technology should exist. This article examines AI regulation in the US and the EU, shedding light on the key differences that will likely shape the development and deployment of AI technologies on both sides of the Atlantic.

Apr-Jun 2024 Issue

Bryn Law Group