In 2021, Dragos Tudorache, a prominent member of the European Parliament, who was involved in drafting artificial intelligence legislation, reached out to former Representative Jerry McNerney to discuss AI’s impact on workers, industry, and society. McNerney, a mathematician, proposed legislation in 2018 for AI expertise in government agencies, and expressed concerns about AI’s potential effects on the workforce. However, interest in AI among U.S. lawmakers was almost non-existent.
In contrast, Europe made progress in regulating AI through the EU AI Act. The European Parliament adopted draft legislation and held briefings to educate lawmakers on AI’s impact. In the U.S., Senate Majority Leader Chuck Schumer has recently focused on AI, and has organized closed-door briefings and forums to discuss the technology. However, U.S. experts view the European approach to regulating AI as hasty and narrow.
The EU AI Act takes a risk-based approach, banning unacceptable risks such as cognitive behavioral manipulation and real-time biometric identification. High-risk applications in areas like recruitment, critical infrastructure, and law enforcement are regulated, while applications with limited risk would need to comply with transparency requirements. For example, generative AI systems, a topic of discussion during the legislation process, are not considered high-risk, requiring only adherence to basic transparency measures.
The EU’s approach is seen by some as restrictive, requiring government permission to use AI and raising questions about updating AI algorithms under existing licenses. However, despite its potential limitations, other countries are adopting the EU’s approach to AI regulation; in contrast, the U.S. model is non-existent, so there is nothing to copy.
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