Artificial Intelligence (AI) is a human-like intelligence simulated in machines that enables fast and right decision-making. The technology of AI is becoming more important in the everyday life, as it can be found in a wide range of products such as mobile phones or cars. The technology of AI became cheaper and faster thanks to the advancement in computing capabilities, and it is one of the fastest advancing technologies in the 21st century. As AI becomes ever more embedded in everyday life, regulators argue for a comprehensive set of rules to be made among the EU to facilitate innovation and prevent the misuse of such technologies while maintaining trust in the technology itself.
In light of the above considerations, Members of the European Parliament introduced three regulatory topics to the European Parliament: liability for damages caused by AI, the ethical dimensions during the development, and use of AI, the intellectual property rights and their protection concerning the AI. These topics have not been examined from a regulatory perspective, thus, the EU could be a leader in this field.
The first proposal that was adopted by the European Parliament is about the considerations relating to the ethical dimensions of AI. The proposal serves as a guideline for the Commission. The future rules should concentrate on the human side of AI, as the technology itself is created by humans. In the case of high-risk AI technologies (i.e. when an AI has own self-learning capabilities), humans should be able to regain control over them at any given point during their development or operation. These systems shall be non-discriminatory, sustainable from an ecological point of view and must respect privacy and data protection.
The second adopted proposal addresses the future liability rules in case of damages arising from the use of an AI. The proposal requires the Commission to make regulations that reflect the liability of the operator of high-risk AI. Furthermore, the proposal suggests a liability system that is based on predictability while encouraging the future development of the technology. According to the third proposal - that refers to the IP considerations of the AI -, an AI should not have own legal personality, thus any right arising from creations, that is made with the assistance of an AI or by an AI, shall remain the right of the creator or the operator. Furthermore, to achieve global leadership in AI, a strong patent system shall be maintained in order to prevent European developers.
As the above mentioned three proposals had been adopted, it is expected that the Commission will publish its legislative proposal in 2021.