ChatGPT Creates Draft Law to Regulate AI in Costa Rica, Dividing Experts
Lawmakers in Costa Rica have turned to artificial intelligence (AI) for assistance in drafting a new law to regulate the use of AI systems in the country. Costa Rican Congresswoman Vanessa Castro led the initiative, instructing the AI chatbot, ChatGPT, to draft a bill based on the country’s constitution. The resulting text was sent directly to the legislature for consideration.
The bill, introduced in May, is now being discussed in public forums before it moves to the parliamentary commission for further debate and amendments. The proposed law recommends the establishment of an institution to regulate AI systems in Costa Rica, emphasizing principles such as accountability, explainability, bias prevention, and the protection of human rights.
However, the bill has received mixed reactions. Congresswoman Johana Obando expressed her support for AI regulation but opposed the bill, stating that ChatGPT had included made-up statistics and articles from the Costa Rican constitution. She also criticized the bill for being a list of good wishes without substantial enforcement measures—an issue that is common in AI legislation across Latin America.
Costa Rica is the eighth Latin American country to discuss or approve laws regulating AI in the past year. These efforts have been inspired by the European Union’s AI Act, which includes provisions banning the use of AI technology in biometric surveillance and requiring transparency in AI-generated content.
Other countries in the region, such as Mexico and Peru, have also initiated discussions on AI regulation. In Mexico, a bill introduced in March aims to establish an ethical framework for AI development based on the protection of human rights and personal data. Meanwhile, Peru’s Congress has approved the region’s first law regulating AI, awaiting the president’s signature for it to take effect. The Peruvian law designates a national authority to oversee AI development, focusing on digital security and ethics.
In Brazil, which has been engaged in AI regulation debates for several years, three bills are currently pending in Congress. One proposed framework focused on principles but lacked enforcement mechanisms. This led to the creation of a Senate commission, which recently published a report suggesting a risk-based regulation approach. The report recommends banning AI systems that may harm people or target marginalized populations, such as social scoring systems that condition access to public services based on behavior.
However, concerns have been raised by anti-racism advocates who feel that the Brazilian debate has excluded the perspectives of minorities. They highlight the need to prevent the use of facial recognition systems that could disproportionately affect marginalized communities and discriminatory automated hiring systems targeting racial minorities.
Amidst these discussions, there is a consensus among lawmakers in the region that combating bias and discrimination in AI systems should be a central focus of new regulations. However, most proposed legislation lacks specific provisions on how to prevent, investigate, and penalize such issues.
Another common theme in the regional discussions on AI regulation is the promotion of local experimentation and the development of AI systems by Latin Americans themselves. Countries like Brazil propose creating a regulatory sandbox, enabling local businesses to experiment with AI technology in a controlled environment. The goal is to encourage the development of local AI products that can compete with multinational corporations currently dominating the market.
Experts in Latin America also emphasize the importance of creating AI systems that are designed specifically for the region, taking into account local languages, cultures, and values. They advocate for meaningful participation of Latin Americans in AI research and development, ensuring they are not limited to being mere producers of raw data.
The journey towards comprehensive AI regulation in Latin America is ongoing, with lawmakers and experts grappling with the complexities and nuances of this rapidly advancing technology. As the debate continues, the aim is to strike a balance between embracing the benefits of AI while safeguarding against potential risks and protecting the rights and well-being of all individuals impacted by its use.
