Generative artificial intelligence (AI) systems have become increasingly essential to our economy and society. As Europe navigates the AI landscape, it is crucial for the continent to establish clear regulations that protect fundamental rights, promote cutting-edge industry, and ensure trustworthy AI. However, there is a risk that Europe may weaken its historic position if it gives up on ambitious AI regulation.
Generative AI systems, which are used in creating texts or images, have flooded the market in recent years. The development of these systems occurs in two phases: the creation of a foundation model through large-scale data learning and significant computing power, followed by its implementation into a system. This system can be a general-purpose one like ChatGPT, which responds to queries, or specialized systems tailored to specific industries after fine-tuning with domain-specific data.
Foundation models, although powerful due to their vast information capacity, are notorious for being unreliable and lacking robustness. The designers themselves often struggle to fully understand how these models operate. Nevertheless, these models serve as the basis for a myriad of systems and applications.
Placing the regulatory burden solely on the providers of second-phase systems, who build and deploy solutions based on foundation models, would be unfair and counterproductive to French and European industrial innovation. It is imperative that the providers of foundation models, regardless of their nationality, also take responsibility from the design stage.
The challenge lies in the ongoing trilogues – negotiations between the Council, the Commission, and the Parliament of the European Union – to finalize the European AI Act. At the center of these discussions are the positions of France, Germany, and Italy regarding articles voted in June 2023 by the European Parliament. These articles aim to establish regulations for the development and deployment of foundation models, as their effects could potentially pose significant threats to democracies. These models have the capacity to generate false information, cause unwanted actions, and potentially lead to a surge in disinformation, fraud, and cybersecurity incidents in the coming years.
Initially, the AI Act proposed in April 2021 by the Commission did not mention foundation models. It took a risk-based approach that proposed varying levels of legal constraints based on the intended use of a given system. Recognizing the rapid rise of generative AI systems, the Council rightfully introduced the concept of general-purpose systems in its amendments in November 2022. Subsequently, in June 2023, the Parliament proposed its own amendments to outline the obligations of foundation model providers.
It is crucial for Europe to carefully consider and address these concerns in order to regulate generative AI systems effectively. Balancing innovation and the safeguarding of fundamental rights is paramount in the development and deployment of AI technologies. Europe’s historic position as a champion of regulations must not be weakened, but rather fortified, by implementing ambitious AI regulation that reflects the complexities and challenges of this ever-evolving field. By doing so, Europe can fully participate in the deployment and economy of AI, leveraging its strengths in order to shape a future that is technologically advanced, reliable, and respectful of fundamental rights for all.
