The AI Act, set to be a global precedent, aims to address the risks associated with AI while encouraging the development of cutting-edge technology. One of the key aspects of this Act is its support for open-source, non-profit, and academic research and development in the AI ecosystem. Such support ensures the development of safe, transparent, and accountable AI systems that benefit all EU citizens.

Drawing from the success of open-source software development, policymakers can craft regulations that encourage open AI development while safeguarding user interests. By providing exemptions and proportional requirements for open ML systems, the EU can foster innovation and competition in the AI market while maintaining a thriving open-source ecosystem.

Representing both commercial and nonprofit stakeholders, several organisations – including GitHub, Hugging Face, EleutherAI, Creative Commons, and more – have banded together to release a policy paper calling on EU policymakers to protect open-source innovation.

The organisations have five proposals:

1. Define AI components clearly: Clear definitions of AI components will help stakeholders understand their roles and responsibilities, facilitating collaboration and innovation in the open ecosystem.

2. Clarify that collaborative development of open-source AI components is exempt from AI Act requirements: To encourage open-source development, the Act should clarify that contributors to public repositories are not subject to the same regulatory requirements as commercial entities.

3. Support the AI Office’s coordination with the open-source ecosystem: The Act should encourage inclusive governance and collaboration between the AI Office and open-source developers to foster transparency and knowledge exchange.

4. Ensure practical and effective R&D exception: Allow limited real-world testing in different conditions, combining aspects of the Council’s approach and the Parliament’s Article 2(5d), to facilitate research and development without compromising safety and accountability.

5. Set proportional requirements for “foundation models”: Differentiate between various uses and development modalities of foundation models, including open source approaches, to ensure fair treatment and promote competition.

Open-source AI development offers several advantages, including transparency, inclusivity, and modularity. It allows stakeholders to collaborate and build on each other’s work, leading to more robust and diverse AI models. For instance, the EleutherAI community has become a leading open-source ML lab, releasing pre-trained models and code libraries that have enabled foundational research and reduced the barriers to developing large AI models.

Similarly, the BigScience project, which brought together over 1200 multidisciplinary researchers, highlights the importance of facilitating direct access to AI components across institutions and disciplines.

Such open collaborations have democratised access to large AI models, enabling researchers to fine-tune and adapt them to various languages and specific tasks—ultimately contributing to a more diverse and representative AI landscape.

Open research and development also promote transparency and accountability in AI systems. For example, LAION – a non-profit research organisation – released openCLIP models, which have been instrumental in identifying and addressing biases in AI applications. Open access to training data and model components has enabled researchers and the public to scrutinise the inner workings of AI systems and challenge misleading or erroneous claims.

The AI Act’s success depends on striking a balance between regulation and support for the open AI ecosystem. While openness and transparency are essential, regulation must also mitigate risks, ensure standards, and establish clear liability for AI systems’ potential harms.

As the EU sets the stage for regulating AI, embracing open source and open science will be critical to ensure that AI technology benefits all citizens.

By implementing the recommendations provided by organisations representing stakeholders in the open AI ecosystem, the AI Act can foster an environment of collaboration, transparency, and innovation, making Europe a leader in the responsible development and deployment of AI technologies.

(Photo by Nick Page on Unsplash)

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This marks a major step in the development of AI regulation in Europe, as these are the first-ever rules for AI. The rules aim to ensure that AI systems are safe, transparent, traceable, and non-discriminatory.

After the vote, co-rapporteur Brando Benifei (S&D, Italy) said:

“We are on the verge of putting in place landmark legislation that must resist the challenge of time. It is crucial to build citizens’ trust in the development of AI, to set the European way for dealing with the extraordinary changes that are already happening, as well as to steer the political debate on AI at the global level.

We are confident our text balances the protection of fundamental rights with the need to provide legal certainty to businesses and stimulate innovation in Europe.”

Co-rapporteur Dragos Tudorache (Renew, Romania) added:

“Given the profound transformative impact AI will have on our societies and economies, the AI Act is very likely the most important piece of legislation in this mandate. It’s the first piece of legislation of this kind worldwide, which means that the EU can lead the way in making AI human-centric, trustworthy, and safe.

We have worked to support AI innovation in Europe and to give start-ups, SMEs and industry space to grow and innovate while protecting fundamental rights, strengthening democratic oversight, and ensuring a mature system of AI governance and enforcement.”

The rules are based on a risk-based approach and they establish obligations for providers and users depending on the level of risk that the AI system can generate. AI systems with an unacceptable level of risk to people’s safety would be strictly prohibited, including systems that deploy subliminal or purposefully manipulative techniques, exploit people’s vulnerabilities, or are used for social scoring.

MEPs also substantially amended the list of prohibited AI practices to include bans on intrusive and discriminatory uses of AI systems, such as real-time remote biometric identification systems in publicly accessible spaces, post-remote biometric identification systems (except for law enforcement purposes), biometric categorisation systems using sensitive characteristics, predictive policing systems, emotion recognition systems in law enforcement, border management, workplace, and educational institutions, and indiscriminate scraping of biometric data from social media or CCTV footage to create facial recognition databases.

MEPs also expanded the classification of high-risk areas to include harm to people’s health, safety, fundamental rights, or the environment. They also added AI systems that influence voters in political campaigns and recommender systems used by social media platforms to the high-risk list.

To boost AI innovation, MEPs added exemptions to these rules for research activities and AI components provided under open-source licenses. The new law also promotes regulatory sandboxes – or controlled environments established by public authorities – to test AI before its deployment.

MEPs want to boost citizens’ right to file complaints about AI systems and receive explanations of decisions based on high-risk AI systems that significantly impact their rights. MEPs also reformed the role of the EU AI Office, which would be tasked with monitoring how the AI rulebook is implemented.

Tim Wright, Tech and AI Regulatory Partner at London-based law firm Fladgate, commented:

“US-based AI developers will likely steal a march on their European competitors given the news that the EU parliamentary committees have green-lit its groundbreaking AI Act, where AI systems will need to be categorised according to their potential for harm from the outset. 

The US tech approach is typically to experiment first and, once market and product fit is established, to retrofit to other markets and their regulatory framework. This approach fosters innovation whereas EU-based AI developers will need to take note of the new rules and develop systems and processes which may take the edge off their ability to innovate.

The UK is adopting a similar approach to the US, although the proximity of the EU market means that UK-based developers are more likely to fall into step with the EU ruleset from the outset. However, the potential to experiment in a safe space – a regulatory sandbox – may prove very attractive.”

Before negotiations with the Council on the final form of the law can begin, this draft negotiating mandate needs to be endorsed by the whole Parliament, with the vote expected during the 12-15 June session.

(Photo by Denis Sebastian Tamas on Unsplash)

Related: UK details ‘pro-innovation’ approach to AI regulation

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Some of the world’s greatest minds have expressed concern about the development of AI without regulations — including the likes of Elon Musk, and the late Stephen Hawking.

Musk famously said unregulated AI could post “the biggest risk we face as a civilisation”, while Hawking similarly warned “the development of full artificial intelligence could spell the end of the human race.”

The announcement that developers will be free to experiment with AI as they see fit was made during a meeting with representatives of 40 companies including Google, Facebook, and Intel.

Strict regulations can stifle innovation, and the U.S has made clear it wants to emerge a world leader in the AI race.

Western nations are often seen as somewhat at a disadvantage to Eastern countries like China, not because they have less talent, but citizens are more wary about data collection and their privacy in general. However, there’s a strong argument to be made for striking a balance.

Making the announcement, White House Science Advisor Michael Kratsios noted the government did not stand in the way of Alexander Graham Bell or the Wright brothers when they invented the telephone and aeroplane. Of course, telephones and aeroplanes weren’t designed with the ultimate goal of becoming self-aware and able to make automated decisions.

Both telephones and aeroplanes, like many technological advancements, have been used for military applications. However, human operators have ultimately always made the decisions. AI could be used to automatically launch a nuclear missile if left unchecked.

Recent AI stories have some people unnerved. A self-driving car from Uber malfunctioned and killed a pedestrian. At Google I/O, the company’s AI called a hair salon and the receptionist had no idea they were not speaking to a human.

People not feeling comfortable with AI developments is more likely to stifle innovation than balanced regulations.

What are your thoughts on the White House’s approach to AI regulation? Let us know in the comments.

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