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```{r, include = FALSE} | ||
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# Legal Regulations Around AI Use | ||
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Because generative AI is a fairly new technology for most fields, the regulations and laws surrounding its use are in flux and changing rapidly. A provisional deal on one of the first major set of AI regulations was announced by the EU government on Friday, December 8, 2023 (the [AI Act](https://artificialintelligenceact.eu/documents/)). These rules will apply to AI regulation and use within the 27-member EU bloc, as well as to foreign companies that operate within the EU, making it likely EU AI Act will guide regulations around the globe. | ||
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Countries outside of the EU are drafting their own laws and standards surrounding AI use, so you will need to do some research on what it and is not allowed in your local area. | ||
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<<add resources for people to look up their local regulations>> | ||
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## The EU AI Act | ||
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According to EU policymakers involved in writing the AI Act, the goal of the Act is to regulate AI in order to limit its capacity to cause harm. The political agreement covers the use of AI in biometric surveillance (such as facial recognition), as well as guidance on regulations for LLMs. The EU AI Act divides AI-based products into levels based on how much risk each product might pose to things like data privacy and protection. Higher-risk products with a greater capacity to cause harm face more stringent rules and regulations. | ||
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Final details are still being worked out, but we do know several important aspects of this Act. | ||
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1. All content generated by AI must be clearly identified. | ||
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1. Foundational models like GPT as well as general purpose AI systems (GPAI) must create technical documentation and detailed summaries about the training data before they can be released on the market. | ||
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1. **High-risk AI systems** must undergo mandatory rights impact and mitigation assessments. Developers will also have to conduct model evaluations, assess and track possible cybersecurity risks, and report serious incidents and breaches to the European Commission. | ||
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1. **Open-source software** is excluded from regulations, with some exceptions for software that is considered a high-risk system or is a prohibited application. | ||
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1. AI software for manipulative strategies like deepfakes and automated disinformation campaigns, systems exploiting vulnerabilities, and indiscriminate scraping of facial images from the internet or security footage to create facial recognition databases are banned. Additional prohibited applications may be added later. | ||
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1. There are exceptions to the facial scraping ban that allow law enforcement and intelligence agencies to use AI applications for facial recognition purposes. | ||
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The AI Act also lays out financial penalties for companies that violate these regulations, which can be as high as 7% of a company's global revenue. | ||
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More information about the EU's AI Act can be found in these sources. | ||
<<<ADD CITATIONS>>> | ||
https://www.washingtonpost.com/technology/2023/12/08/ai-act-regulation-eu/ | ||
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https://www.reuters.com/technology/stalled-eu-ai-act-talks-set-resume-2023-12-08/ | ||
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https://www.euractiv.com/section/artificial-intelligence/news/ai-act-eu-policymakers-nail-down-rules-on-ai-models-butt-heads-on-law-enforcement/ | ||
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https://www.ciodive.com/news/EU-AI-Act-penalties-guardrails-foundational-models/702192/#:~:text=The%20EU's%20proposed%20regulations%20prohibit,free%20will%20and%20using%20the | ||
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# VIDEO Legal Regulations Around AI Use |
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# Existing Laws That Apply to AI | ||
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While countries and jurisdictions are developing ans passing laws that specifically deal with AI, there are also existing laws around data that should be considered whenever working with AI. These broadly include regulations about intellectual property, data privacy and protection, and liability. | ||
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## Intellectual Property Laws | ||
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There are multiple concerns around generative AI and intellectual property rights. These include potential copyright violations in the training data, whether generative AI methods can be proprietary, and whether material created using generative AI can be copyrighted. In order for generative AI models to work, they must be trained on vast amounts of data. This might include images, in the case of image generators like DALL-E, Stable Diffusion, and Midjourney. It might also include human writing and speech, in the case of LLMs like ChatGPT and Bard. Information about the training data sets for these tools is limited, but they likely include text and images scraped from the internet. There is concern that the text and images gathered for training data included copyrighted and trademarked books, articles, photographs, and artwork. In fact, the CEO of Midjourney confirmed that copyrighted images were included in the Midjourney training data without the consent of the artists, and there was no way for artists to opt out of having their work included. A group of authors have also recently sued OpenAI, the company behind ChatGPT, for copyright infringement because their published works were included in the GPT training data. Additionally, some artists have sued AI companies like the company behind Stable Diffusion because the generative AI tools are creating images that are too similar to their existing, protected artwork. | ||
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There is also ongoing debate as to whether AI-generated images and text can be copyrighted. While many current copyright laws do not protect works created by machines, how these laws might apply to work that is a collaboration between humans and machine (such as art that includes some AI-generated content) is an area of active discussion. | ||
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## Data Privacy and Protection | ||
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### Information Security | ||
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### Personal Information | ||
Data privacy is especially important to consider when working in fields like healthcare, biomedical research, and education, where personally identifiable data and personal health information is under special protections. | ||
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HIPAA? | ||
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GPAI? | ||
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### Biometric Privacy Laws | ||
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Biometric data involves human characteristics gathered from physical or behavioral traits that can be used to identify a single person. This might include things like fingerprints, palm prints, iris scans, facial scans, and voice recognition. DNA can also be considered biometric data when used for forensics. | ||
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## Liability Laws | ||
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As AI systems become more and more common in everyday life, it is inevitable that some of these systems will fail at some point. Who is liable when AI fails, especially when it fails in a catastrophic manner? | ||
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The issue of whose fault it is when an AI system fails (and thus who is responsible for the damage) depends greatly on _how_ and _why_ it failed. Blame might lie with the user (if the AI was not being used according to instructions, or if limitations were known but ignored), the software developer (if the AI product was distributed before being tested thoroughly or before the algorithm was properly tuned), or the designer or manufacturer (if the AI design or production was inherently flawed). | ||
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# VIDEO Existing Laws That Apply to AI |
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# Title! | ||
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Everyone needs an AI policy now | ||
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# VIDEO Title! |
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# Title! | ||
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"Making it easy for people to succeed in compliance" | ||
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# VIDEO Title! |
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