Hi Alek,

I was saying that the new proposed AI *Liability Directive* is intended to
apply only to high risk AI.
I wasn't saying the AIA (a Regulation, not a Directive) itself - i.e. the
focus of the Brookings analysis - has that limitation.

Regards,
Phil

On Wed, 5 Oct 2022 at 11:43, Alek Tarkowski <[email protected]> wrote:

> Hi everyone,
>
> (Coming back to this topic after the weekend)
>
> I am not sure this will apply only to high-risk cases. At least with
> regard to the AIA, the Council seems to be proposing to define ‘general
> purpose AI’ (GPAI) (basically large models with capacity to do multiple
> tasks) and regulate them as such. That’s what’s suggested in this Brooking
> Institute analysis:
>
> https://www.brookings.edu/blog/techtank/2022/08/24/the-eus-attempt-to-regulate-open-source-ai-is-counterproductive/
>
> The piece argues, by the way, against regulating such GPAIs, if they are
> open source.
> But while it gives a good argument about the value of such open source
> solutions, it does not explain why they should not be regulated, beyond the
> general “regulation sniffles innovation” argument.
>
> I wonder whether anyone here has more opinion about this or know some
> analyses? It would be helpful to see an argument that shows which
> characteristics of open source development / deployment solve some of the
> issues that would be regulated. But it also seems to me that there are
> reasons to introduce stronger governance also of open source AI solutions
> (though whether to do that through regulation is a different question).
>
> It would also be good to understand whether in principle a policy ask for
> a carveout on this issue would be similar to previous carveouts (for
> example for openly licensed content in copyright regulation). I think that
> there are differences in the two scenarios.
>
> Best,
> Alek
> --
> Director of Strategy, Open Future | openfuture.eu | +48 889 660 444
> At Open Future, we tackle the Paradox of Open: paradox.openfuture.eu/
>
> On 30 Sep 2022, at 19:06, Luis Villa <[email protected]> wrote:
>
> On Fri, Sep 30, 2022 at 9:32 AM Phil Bradley-Schmieg <
> [email protected]> wrote:
>
>> I feel the same way.  Also, despite my earlier email, it's still
>> something to keep an eye on; e.g. MEPs are pondering adding
>> <https://www.europarl.europa.eu/doceo/document/CJ40-PR-731563_EN.html>
>> - internet security,
>> - text-generation (generating things "such as news articles, opinion
>> articles, novels, scripts, and scientific articles"),
>> - image/video deepfakes, and
>> - "AI systems intended to be used by children in ways that have a
>> significant impact on their personal development, including through
>> personalised education or their cognitive or emotional development."
>>
>> as high risk AI.
>>
> I’ve also seen several arguments that the same framework should
> essentially extent to all software, not just AI. And that’s not completely
> unreasonable—much software is quite opaque/black-box-y (by nature of its
> extreme complexity) even before layering AI into the mix.
>
> eg, Example 1 in this analysis of the directive is about ML in cars, but
> ‘simple’ braking software in cars already has a blackbox, cost-shifting
> problem; see this analysis of Toyota’s pre-AI braking software:
>
> ai analysis:
> https://www.adalovelaceinstitute.org/wp-content/uploads/2022/09/Ada-Lovelace-Institute-Expert-Explainer-AI-liability-in-Europe.pdf
>
> toyota:
> https://users.ece.cmu.edu/~koopman/pubs/koopman14_toyota_ua_slides.pdf
>
> and in the Lovelace Institute analysis, p. 16 notes that some of the
> analysis should extend to all software.
>
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