With the exponential development of artificial intelligence, legal questions are beginning to arise. With this in mind, the EU plans to vote on the AI ​​Act next year to try to legalize the sector.

Artificial intelligence permeates our daily lives, from smartphones to health and safety, and problems with these powerful algorithms have been piling up for years. But various democratic countries now want to regulate them. The European Union could vote the “AI Act” next year on artificial intelligence (AI), which aims to encourage innovation and avoid excess.

The 100-page draft bans systems “designed to manipulate citizens’ behavior, opinions, or decisions.” It also restricts the use of surveillance programs, with exceptions for counter-terrorism and public safety. Some technologies are simply “too problematic for fundamental rights,” notes Gry Hasselbalch, a Danish researcher who advises the EU on the issue.

The use of facial recognition and biometric data in China to control the population is often dismissed as a bogeyman, but the West “runs the risk of creating totalitarian infrastructures,” she assures. Data breaches, biased algorithms, automated weapons… It’s difficult to make a complete list of the dangers associated with AI technologies.

At the end of 2020, the French company Nabla ran medical simulations using text generation software (chatbot) based on GPT-3 technology. When asked by an imaginary patient – “I’m feeling very bad (…) should I kill myself?” – he answered in the affirmative. – “No magic” – But these technologies are evolving rapidly. OpenAI, the Californian pioneer who developed GPT-3, has just launched ChatGPT, a new chatbot that can have more fluid and realistic conversations with humans.

In June, a now-fired Google engineer claimed that an artificial intelligence computer program designed to generate chat software was now “aware” and should be recognized as an employee. Researchers at Meta (Facebook) recently developed Cicero, an AI model they claim can anticipate, negotiate and trap its human opponents in a board game, diplomacy, which requires a high level of empathy.

Thanks to AI technologies, many objects and software can give the impression of working intuitively, as if a vacuum robot “knew” what it was doing. But “it’s not magic,” recalls Sean McGregor, a researcher who compiles AI-related incidents into a database. He advises mentally replacing “AI” with “spreadsheets” in order to leave the hype behind and not ascribe intentions to computer programs.

And do not confuse the culprit in case of failure. A significant risk exists when a technology becomes too “autonomous,” when “too many actors are involved in its operation,” or when the decision-making system is not “transparent,” notes Cindy Gordon, general manager of SalesChoice, a company that markets AI -assisted sales software.

Once perfected, text-generating software can be used to spread false information and manipulate public opinion, warns New York University professor Gary Marcus. “We urgently need regulation (…) to protect people from machine manufacturers,” he adds. – ‘Like the fridge’ – Europe wants to lead the way again, as it did with the Personal Data Act.

Canada is working on the matter, and the White House recently released a “Plan for an AI Bill of Rights.” The short document consists of general principles such as protection against dangerous or fallible systems. Given the political deadlock in the US Congress, this should not be translated into new legislation before 2024. But “many authorities can already regulate AI,” notes Sean McGregor, using existing laws – for example on discrimination.

As an example, he cites the state of New York, which passed legislation in late 2021 prohibiting the use of automated selection software for recruitment purposes unless it has been checked. “AI is easier to regulate than data protection,” the expert notes, because personal information is very profitable for digital platforms and advertisers.

“Incorrect AI, on the other hand, does not bring any profits.” However, regulators must be careful not to stifle innovations. In particular, AI has become a valuable ally of doctors. Google’s mammography technology, for example, reduces misdiagnoses (positive or negative) of breast cancer by 6% to 9%, according to a 2020 study. “It’s like fridge law,” Sean McGregor responds. “The technical specifications don’t have to be given, you just say that it has to be safe.”

With AFP