How countries around the world approach the creation of legal frameworks on artificial intelligence (AI)

United States

The US does not currently have a uniform “AI law” as compared to what is about to be adopted in the EU. Although the intent for AI regulation in the US is accelerating then not many initiatives have succeeded in the legislature. There is also an increased level of activity on state-level with different states intending to regulate different aspects of AI, for example, California Assembly Bill No. 302.

Although the US lacks a comprehensive AI regulatory framework, there is a strong sentiment by the US authorities that AI-related issues, e.g. bias and potential discrimination, can and should be enforced under the current legislative framework. On the 25th of April 2023, a “Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems” was released by the Federal Trade Commission, Consumer Financial Protection Bureau, Department of Justice’s Civil Rights Division, and Equal Employment Opportunity Commission. According to the statement, the authorities promise to vigorously enforce their collective authorities and to monitor the development and use of automated systems.

There are also a couple of initiatives that give a strong sentiment on the intended policy direction and also create certain regulatory obligations. For example, the White House did release “Blueprint for an AI Bill of Rights” in October 2022. However, this is currently a non-binding roadmap for the responsible use of AI systems then this does offer good guidance on what entities can expect with regard to future laws affecting AI usage in the US. 

Secondly, on a more important note, on the 30th of October 2023,  President Biden released his long-awaited Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.With the Executive Order, the President directs actions to protect Americans from the potential risks of AI systems to strengthen the nation's capabilities in artificial intelligence (AI), to promote scientific discovery, economic competitiveness, and national security.

United Kingdom

The Department for Science, Innovation and Technology published a white paper on 29 March 2023 titled "AI Regulation: A Pro-Innovation Approach", which sets out the UK Government’s proposals to regulate artificial intelligence (AI) in a pro-innovation manner. The paper acknowledges the potential benefits of AI, such as improving healthcare, enhancing transport systems, and boosting economic productivity, while also recognizing the potential risks and challenges associated with this emerging technology.

Currently, the UK does not have a comprehensive AI regulation in place and first-hand it seems that there is not a serious one on the horizon. However, the UK government intends to give more powers to the existing sector-specific regulators to approach the AI risks around the following 5 principles: (i) safety, security and robustness; (ii) appropriate transparency and explainability; (iii) fairness; (iv) accountability and governance; and (v) contestability and redress.

The UK government confirmed that it will avoid “heavy-handed legislation” to avoid hindering the ability to respond to technological advances, and will instead “take an adaptable approach to regulating AI”, allowing regulators to use their expertise to modify the implementation of the principles to suit the specific context of AI in such regulator’s respective sector. The regulators will likely have a duty to apply the principles in case they are unable to implement and enforce them voluntarily. Key regulators are being encouraged to issue further guidance and resources on how to implement the five principles and how the principles will apply within their specific sectors. However, there are likely to be some gaps between the various approaches by regulators, and therefore, it is possible that legislation may be required to ensure consistent consideration of the principles.

The UK also wants to empower and harness the innovative power of AI, therefore, it has also confirmed the introduction of  AI regulatory sandboxes. 

What has been interesting to see lately is the UK's growing interest towards existential risks deriving from AI, especially at the frontier of development. The UK has taken a very active role in discussing how such risks can be mitigated through internationally coordinated action. A good example of this was the 2023 AI Safety Summit which took place in the beginning of November at Bletchley Park and which ended with the Bletchley Declaration on AI safety. Although there is presumably no effect on the majority of the businesses in the short term deriving from this it is still worthwhile monitoring the direction of the policy.

Europe

In April 2021, the European Union´s Commission proposed the first comprehensive framework to regulate the use of AI. The EU’s priority is ensuring that AI systems used in the EU are safe, transparent, traceable, non-discriminatory, and environmentally friendly.

Like the EU’s General Data Protection Regulation (GDPR) in 2018, the EU AI Act could become a global standard, determining to what extent AI has a positive rather than negative effect. The EU’s AI regulation is already making waves internationally and you can read more about it in our previous blog.