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posted by janrinok on Monday September 12 2022, @06:33AM   Printer-friendly
from the can-we-define-what-"AI"-is-first? dept.

The EU's AI Act could have a chilling effect on open source efforts, experts warn:

The nonpartisan think tank Brookings this week published a piece decrying the bloc's regulation of open source AI, arguing it would create legal liability for general-purpose AI systems while simultaneously undermining their development. Under the EU's draft AI Act, open source developers would have to adhere to guidelines for risk management, data governance, technical documentation and transparency, as well as standards of accuracy and cybersecurity.

If a company were to deploy an open source AI system that led to some disastrous outcome, the author asserts, it's not inconceivable the company could attempt to deflect responsibility by suing the open source developers on which they built their product.

"This could further concentrate power over the future of AI in large technology companies and prevent research that is critical to the public's understanding of AI," Alex Engler, the analyst at Brookings who published the piece, wrote. "In the end, the [E.U.'s] attempt to regulate open-source could create a convoluted set of requirements that endangers open-source AI contributors, likely without improving use of general-purpose AI."

In 2021, the European Commission — the EU's politically independent executive arm — released the text of the AI Act, which aims to promote "trustworthy AI" deployment in the EU as they solicit input from industry ahead of a vote this fall, EU. institutions are seeking to make amendments to the regulations that attempt to balance innovation with accountability. But according to some experts, the AI Act as written would impose onerous requirements on open efforts to develop AI systems.

In a recent example, Stable Diffusion, an open source AI system that generates images from text prompts, was released with a license prohibiting certain types of content. But it quickly found an audience within communities that use such AI tools to create pornographic deepfakes of celebrities.

[...] Not every practitioner believes the AI Act is in need of further amending. Mike Cook, an AI researcher who's a part of the Knives and Paintbrushes collective, thinks it's "perfectly fine" to regulate open source AI "a little more heavily" than needed. Setting any sort of standard can be a way to show leadership globally, he posits — hopefully encouraging others to follow suit.

"The fearmongering about 'stifling innovation' comes mostly from people who want to do away with all regulation and have free rein, and that's generally not a view I put much stock into," Cook said. "I think it's okay to legislate in the name of a better world, rather than worrying about whether your neighbour is going to regulate less than you and somehow profit from it."

To wit, as my colleague Natasha Lomas has previously noted, the EU's risk-based approach lists several prohibited uses of AI (e.g. China-style state social credit scoring) while imposing restrictions on AI systems considered to be "high-risk" — like those having to do with law enforcement. If the regulations were to target product types as opposed to product categories (as Etzioni argues they should), it might require thousands of regulations — one for each product type — leading to conflict and even greater regulatory uncertainty.

[...] "Open innovation and responsible innovation in the AI realm are not mutually exclusive ends, but rather complementary ones," Delangue, Ferrandis and Solaiman said. "The intersection between both should be a core target for ongoing regulatory efforts, as it is being right now for the AI community."

That well may be achievable. Given the many moving parts involved in EU rulemaking (not to mention the stakeholders affected by it), it'll likely be years before AI regulation in the bloc starts to take shape.


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  • (Score: 4, Touché) by Rosco P. Coltrane on Monday September 12 2022, @10:18AM

    by Rosco P. Coltrane (4757) on Monday September 12 2022, @10:18AM (#1271293)

    The nonpartisan think tank

    Ha ha ha that was funny.

    Okay next article.

  • (Score: 2) by PiMuNu on Monday September 12 2022, @10:41AM

    by PiMuNu (3823) on Monday September 12 2022, @10:41AM (#1271294)

    The AI folks can offer a job to EU officials on their "public policy advisory board"... seems to be the ticket to move EU policy in the right direction.

  • (Score: 3, Insightful) by khallow on Monday September 12 2022, @01:41PM (1 child)

    by khallow (3766) Subscriber Badge on Monday September 12 2022, @01:41PM (#1271314) Journal

    Not every practitioner believes the AI Act is in need of further amending. Mike Cook, an AI researcher who's a part of the Knives and Paintbrushes collective, thinks it's "perfectly fine" to regulate open source AI "a little more heavily" than needed. Setting any sort of standard can be a way to show leadership globally, he posits — hopefully encouraging others to follow suit.

    "The fearmongering about 'stifling innovation' comes mostly from people who want to do away with all regulation and have free rein, and that's generally not a view I put much stock into," Cook said. "I think it's okay to legislate in the name of a better world, rather than worrying about whether your neighbour is going to regulate less than you and somehow profit from it."

    In other words, appearance over reality. I'd put more stock in the people advocating for more regulation, if they would at least give the appearance of caring about whether the regulation would make a better world or not. When it's more important to have a precedent than viable, useful law...

    • (Score: 2, Insightful) by khallow on Monday September 12 2022, @03:40PM

      by khallow (3766) Subscriber Badge on Monday September 12 2022, @03:40PM (#1271337) Journal
      Also, I should have highlighted "I think it's okay to legislate in the name of a better world". I want that better world, not it's name. We already have too many such places which exist in name only.
  • (Score: 3, Interesting) by DannyB on Monday September 12 2022, @02:53PM (2 children)

    by DannyB (5839) Subscriber Badge on Monday September 12 2022, @02:53PM (#1271333) Journal

    If a company were to deploy an open source AI system that led to some disastrous outcome, the author asserts, it's not inconceivable the company could attempt to deflect responsibility by suing the open source developers on which they built their product.

    If some disastrous outcome were the death of all humans, then the issue of regulation becomes moot. There would be no human-run courts to hear any lawsuit against open source developers. There would be no open source developers to sue. Thus regulation is not needed.

    If the disastrous outcome they imagine is that AI steers people to misinformation, and some people are stupid enough to believe it, then it is already too late.

    --
    When trying to solve a problem don't ask who suffers from the problem, ask who profits from the problem.
    • (Score: 2) by c0lo on Monday September 12 2022, @07:45PM (1 child)

      by c0lo (156) Subscriber Badge on Monday September 12 2022, @07:45PM (#1271399) Journal

      If the disastrous outcome they imagine is that AI steers people to misinformation, and some people are stupid enough to believe it...

      Heh, early 2008, "home prices never go down".
      No need for an AI, plenty exhibited this natural stupidity.

      , then it is already too late

      Ummm... you were saying...?

      --
      https://www.youtube.com/watch?v=aoFiw2jMy-0 https://soylentnews.org/~MichaelDavidCrawford
      • (Score: 2) by DannyB on Tuesday September 13 2022, @04:10PM

        by DannyB (5839) Subscriber Badge on Tuesday September 13 2022, @04:10PM (#1271489) Journal

        The age of men is over. The time of the Orc has come.

        --
        When trying to solve a problem don't ask who suffers from the problem, ask who profits from the problem.
  • (Score: 3, Interesting) by acid andy on Tuesday September 13 2022, @12:13AM

    by acid andy (1683) on Tuesday September 13 2022, @12:13AM (#1271413) Homepage Journal

    What attributes does a piece of software need to be classified as "AI" under this act? Would it include the various forms of AI in computer games, for example? If it does, this could be a bigger problem.

    --
    If a cat has kittens, does a rat have rittens, a bat bittens and a mat mittens?
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