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upstart writes:

The European Union is writing legislation that would hold accountable companies that create generative AI platforms:

A proposed set of rules by the European Union would, among other things. require makers of generative AI tools such as ChatGPT,to publicize any copyrighted material used by the technology platforms to create content of any kind.

A new draft of European Parliament's legislation, a copy of which was attained by The Wall Street Journal, would allow the original creators of content used by generative AI applications to share in any profits that result.

The European Union's "Artificial Intelligence Act" (AI Act) is the first of its kind by a western set of nations. The proposed legislation relies heavily on existing rules, such as the General Data Protection Regulation (GDPR), the Digital Services Act, and the Digital Markets Act. The AI Act was originally proposed by the European Commission in April 2021.

The bill's provisions also require that the large language models (LLMs) behind generative AI tech, such as the GPT-4, be designed with adequate safeguards against generating content that violates EU laws; that could include child pornography or, in some EU countries, denial of the Holocaust, according to The Washington Post.

[...] But the solution to keeping AI honest isn't easy, according to Avivah Litan, a vice president and distinguished analyst at Gartner Research. It's likely that LLM creators, such as San Fransisco-based OpenAI and others, will need to develop powerful LLMs to check that the ones trained initially have no copyrighted materials. Rules-based systems to filter out copyright materials are likely to be ineffective, Liten said.

[...] Regulators should consider that LLMs are effectively operating as a black box, she said, and it's unlikely that the algorithms will provide organizations with the needed transparency to conduct the requisite privacy impact assessment. "This must be addressed," Litan said.

"It's interesting to note that at one point the AI Act was going to exclude oversight of Generative AI models, but they were included later," Litan said  "Regulators generally want to move carefully and methodically so that they don't stifle innovation and so that they create long-lasting rules that help achieve the goals of protecting societies without being overly prescriptive in the means."

[...] "The US and the EU are aligned in concepts when it comes to wanting to achieve trustworthy, transparent, and fair AI, but their approaches have been very different," Litan said.

So far, the US has taken what Litan called a "very distributed approach to AI risk management," and it has yet to create new regulations or regulatory infrastructure.  The US has focused on guidelines and an AI Risk Management framework.

[...] Key to the EU's AI Act is a classification system that determines the level of risk an AI technology could pose to the health and safety or fundamental rights of a person. The framework includes four risk tiers: unacceptable, high, limited, and minimal, according to the World Economic Forum.

[...] While AI has been around for decades, it has "reached new capacities fueled by computing power," Thierry Breton, the EU's Commissioner for Internal Market, said in a statement in 2021. The Artificial Intelligence Act, he said, was created to ensure that "AI in Europe respects our values and rules, and harness the potential of AI for industrial use."

Related:
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    Stable Diffusion Copyright Lawsuits Could be a Legal Earthquake for AI
    Paper: Stable Diffusion "Memorizes" Some Images, Sparking Privacy Concerns

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