EU lawmakers have backed the introduction of more stringent artificial intelligence (AI) rules, which could force companies behind tools such as Chat GPT to reveal the materials used to train their generative AI systems.
The vote, which took place earlier this week, could also see a ban on the use of the technology in biometric surveillance, emotion recognition, and predictive policing of AI systems. As ever, we were delighted to join the debate in leading IP trade publication World IP Review.
"Algorithms and patent applications will now have to be written with compliance in mind. There is inevitably concern that the practical and financial burden of attaining compliance will make the EU a non competitive environment for AI, especially if the US and Asian approach is more relaxed," said Portman.
Such challenges, he suggests, could mean that some companies come to find successful innovation prohibitively difficult or, worse, ignore the regulations completely and hope they don't get found out.
"For example, the speed and complexity with which AI works have made the General Data Protection Regulation cornerstone of transparency in data processing unworkable in many cases.
"It's difficult to see how the AI Act's requirement of full disclosure of copyright material relied on by generative AI will be any more practical," he said.
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