Creation and Implementation of Laws Surrounding AI Development

In 2023, Artificial Intelligence (AI) has seen huge development and acceptance in almost all segments of society. It has become a useful tool in everyday activities, including the legal landscape around which technology has begun to develop.

Laws are developing in and around AI, from global regulations to laws starting to take shape to file lawsuits alleging copyright and data infringement. The presence of AI could be observed everywhere.

European Union’s AI Act Enforcement

The EU is the first region to create space and form legislation to regulate the deployment and development of high-level AI models.

In 2023, the “EU AI Act” was first proposed in April and Parliament passed it in June. Finally, on the 8th of December, European Parliament and Council negotiators reached a provisional agreement on the bill.

After effective implementation, it will be able to regulate the government’s use of AI in biometric surveillance. It will supervise large AI systems, like ChatGPT and Bard, and set transparency rules that developers should follow before entering the market.

However, the technology sector does not like the bill because it is overly regulated.

Lothar Determann, partner at Baker Mckenzie and author of Determann’s field guide to

The Artificial Intelligence Law said that it is quite possible that there can be a delayed timeline for the implementation of the EU AI Act, as observed in the past.

A final text is expected to be seen soon. Some of the significant individuals have raised concerns in the current draft, including the French president and multiple politicians from key member states.

Laura De Boel, a partner in the Brussels office of the law firm Wilson Sonsini Goodrich and Rosati, has made it clear that the development that happened in December is part of a political agreement. The formal adoption of the same will occur in the first half of 2024.

Challenges in Implementation and Compliance

In 2024, it is expected that the industry will see the implementation and arrival of various regulations to regulate operations in the industry and the companies will face challenges in compliance.

De Boel mentioned that the European Commission has already asked AI developers to voluntarily implement the AI Act before it becomes mandatory.

While Determann believes that even without a comprehensive AI regulatory scheme, it will still observe compliance challenges in the application of existing regulatory schemes to AI.

The existing regulatory framework includes the General Data Protection Regulation (GDPR), privacy laws around the world, intellectual property laws, product safety regulations, property laws, trade secrets, confidentiality agreements, and industry standards, among others. 

U.S. President Joe Biden recently issued a lengthy executive order on October 30 intending to protect citizens, government agencies, and companies by ensuring AI safety standards.

The order introduced six standards for AI safety and security, including intentions to establish ethical usage of AI within government agencies.

Conclusion: Specific Laws

In 2024, it is expected that more specific and narrowly framed laws will be announced. It can already be observed that some countries are deploying regulations against AI-generated deepfakes.

US regulators are introducing regulations on political deepfakes before the 2024 presidential elections. Specifically focused laws have a better chance of resulting in the desired impact than broad regulations.

It is believed that 2024 will see regulations focusing on investments in technology. US lawmakers are already in talks to regulate investments.

In July 2024, the US Senate backed bipartisan legislation that requires local companies to report investments in Chinese technologies, specifically semiconductors used in AI.

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