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Will the AI Act clip the wings of regulators?

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https://www.euractiv.com/section/artificial-intelligence/opinion/will-the-ai-act-clip-the-wings-of-regulators/
The negotiators of the EU’s artificial intelligence regulation should strengthen and empower the regulators. Otherwise, the enforcement of this regulation will be a struggle, writes Kris Shrishak.

Kris Shrishak is a Senior Fellow at the Irish Council for Civil Liberties, where he works on technology policy with a focus on algorithmic decision-making, surveillance, data rights, and privacy.

Imagine you have been handed the responsibility to be a key regulator for the first cross-sectoral AI regulation in the world. Now imagine that you are given scarce resources and your hands are tied.

This unenviable scenario could be the reality of future regulators of the EU’s AI Act.

The EU prides itself on having the “Brussels effect”. At the same time, it is working to produce a law that large tech companies would happily welcome and lobby to dilute further.

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AI Act: EU Parliament’s legal office gives damning opinion on high-risk classification ‘filters’

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https://www.euractiv.com/section/artificial-intelligence/news/ai-act-eu-parliaments-legal-office-gives-damning-opinion-on-high-risk-classification-filters/
EU policymakers have been discussing some filter conditions that would enable AI developers to avoid complying with the EU Artificial Intelligence’s law stricter regime. But this political compromise is running into significant legal troubles.

The AI Act is an EU landmark legislation to regulate Artificial Intelligence based on its capacity to cause harm. As such, the law follows a risk-based approach whereby AI models posing a significant risk to people’s health, safety and fundamental rights must comply with a stricter regime on aspects such as data governance and risk management.

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AI Act: Leading MEPs revise high-risk classification, ignoring negative legal opinion

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https://www.euractiv.com/section/artificial-intelligence/news/ai-act-leading-meps-revise-high-risk-classification-ignoring-negative-legal-opinion/
The EU lawmakers spearheading the work on the EU’s AI bill have circulated a new version of the provisions regarding the classification of high-risk AI systems, maintaining the filter-based approach despite a contrary legal opinion.

The AI Act is a landmark EU legislation to regulate Artificial Intelligence following a risk-based approach. At the heart of the law is a stricter regime for AI systems that pose a significant risk to people’s health, safety and fundamental rights, which must comply with tight requirements regarding risk management and data governance.

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Very Large Online Platforms and Search Engines to publish first transparency reports under the DSA

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https://digital-strategy.ec.europa.eu/en/news/very-large-online-platforms-and-search-engines-publish-first-transparency-reports-under-dsa?pk_source=ec_newsroom&pk_medium=email&pk_campaign=Shaping%20Europe%E2%80%99s%20Digital%20Future
As part of their transparency obligations under the Digital Services Act (DSA), designated Very Large Online Platforms and Very Large Online Search Engines are due to publish their first transparency reports – and some did so already.
online platforms at a finger’s tip on a mobile phone
© ipopba - iStock Getty Images Plus
The first seven platforms have already published their reports, and the rest have until 6 November to do so. These first seven platforms are Amazon, LinkedIn, TikTok, Pinterest, Snapchat, Zalando (.pdf) and Bing.

The transparency report, together with a Commission database on statements of reasons, as well as additional requirements for designated services, such as the future data access for researchers, will ensure transparency and accountability over content moderation online – for the benefit of citizens, researchers and regulators. This will contribute significantly to public scrutiny and accountability.

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EU lawmakers agree on key detection limits in controversial CSAM-scanning file

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https://techcrunch.com/2023/10/26/eu-lawmakers-agree-on-key-detection-limits-in-controversial-csam-scanning-file/?guccounter=1
Key negotiators in the European Parliament have announced making a breakthrough in talks to set MEPs’ position on a controversial legislative proposal aimed at regulating how platforms should respond to child sexual abuse risks.

The European Union’s executive body, the Commission, presented a proposal for a regulation in this area last year but the plan has generated major controversy — with warnings the planned legislation could see platforms served detection orders that mandate the scanning of all users’ private messages. The draft proposal includes a requirement for platforms served with detection orders to scan for known and unknown child sexual abuse material (CSAM) and also try to pick up grooming activity taking place in real time.

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Google wants Europe to classify iMessage as a gatekeeper that has to be interoperable

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https://9to5google.com/2023/11/07/google-imessage-europe/
The European Commission is currently investigating whether iMessage should fall under the Digital Markets Act (DMA) and therefore be subject to interoperability rules. Google and local carriers have sent a letter to regulators in Europe arguing that iMessage should be considered a “core” service.

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European Digital Identity – Questions and Answers

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https://ec.europa.eu/commission/presscorner/detail/en/QANDA_21_2664
What is the European Digital Identity Wallet?

EU Digital Identity Wallets are personal digital wallets, in the form of apps allowing citizens to digitally identify themselves, store and manage identity data and official documents in digital form. These may include a driving licence, medical prescriptions or educational qualifications.

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Commission welcomes final agreement on EU Digital Identity Wallet

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https://ec.europa.eu/commission/presscorner/detail/en/IP_23_5651
The Commission welcomes the final agreement reached today by the European Parliament and the Council of the EU at the final trilogue on the Regulation introducing European Digital Identity Wallets. This concludes the co-legislators’ work implementing the results of the provisional political agreement reached on 29 June 2023 on a legal framework for an EU Digital Identity, the first trusted and secure digital identity framework for all Europeans.

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AI Act: Leading MEPs propose initial criteria for classifying foundation models as ‘high-impact’

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https://www.euractiv.com/section/artificial-intelligence/news/ai-act-leading-meps-propose-initial-criteria-for-classifying-foundation-models-as-high-impact/
The EU lawmakers spearheading the work on the AI rulebook suggested a first set of criteria to identify the most powerful foundation models that must follow a specific regime.

The AI Act is a landmark EU legislation to regulate Artificial Intelligence based on its potential to harm people. The file is currently at the last stage of the legislative process, so-called trilogues, whereby the EU Commission, Parliament, and Council hash out the final provisions.

One of the sticking points in this late stage of the negotiations has been dealing with foundation models like GPT-4, on which several AI applications can be built, like the world’s most famous chatbot, ChatGPT.

On Tuesday (7 November), Euractiv exclusively revealed that the Spanish EU Council presidency, which leads the negotiations on behalf of the Council, circulated a first draft of obligations for foundation models, including the most powerful ones, dubbed ‘high-impact’.

On Wednesday, the offices of the European Parliament’s co-rapporteurs Dragoș Tudorache and Brando Benifei shared a reaction to the presidency’s draft with MEPs. The co-rapporteurs’ text will be discussed at a political meeting on Thursday.

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EU’s AI Act negotiations hit the brakes over foundation models

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https://www.euractiv.com/section/artificial-intelligence/news/eus-ai-act-negotiations-hit-the-brakes-over-foundation-models/
A technical meeting on the EU’s AI regulation broke down on Friday (10 November) after large EU countries asked to retract the proposed approach for foundation models. Unless the deadlock is broken in the coming days, the whole legislation is at risk.

The AI Act is a landmark bill to regulate Artificial Intelligence following a risk-based approach. The file is currently in the last phase of the legislative process, with the main EU institutions gathered in so-called trilogues to hash out the final dispositions of the law.

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New ICCL reports reveal serious security threat to the EU and US

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https://www.iccl.ie/2023/new-iccl-reports-reveal-serious-security-threat-to-the-eu-and-us/
Dublin, Ireland — An investigation by the Irish Council for Civil Liberties (ICCL) reveals widespread trade in data about sensitive European personnel and leaders that puts them at risk of blackmail, hacking and compromise, and undermines the security of their organisations and institutions.

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Spanish presidency prepares to close most of EU media law in next negotiation round

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https://www.euractiv.com/section/media/news/spanish-presidency-prepares-to-close-most-of-eu-media-law-in-next-negotiation-round/
The Spanish presidency has requested a revised mandate on the European Media Freedom Act (EMFA) ahead of the next interinstitutional negotiating session when most of the upcoming media legislation is expected to be closed.

The EMFA is a legislative proposal to increase media independence and pluralism. The bill is currently at the last phase of the legislative process whereby the EU Council, Parliament and Commission meet in so-called trilogue formats to hash out the final provisions.

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EU faces privacy complaint over CSAM microtargeting ads it ran on X

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https://techcrunch.com/2023/11/15/oops-2/?guccounter=1
A microtargeted advertising controversy which has implicated European Union lawmakers in privacy-hostile practices banned by laws they had a hand in passing is the subject of a new complaint by privacy rights not-for-profit, noyb.

The complaint against the EU Commission’s Directorate General for Migration and Home Affairs is being filed today, with the European Data Protection Supervisor (EDPS), which oversees EU institutions’ compliance with the bloc’s data protection laws.

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AI Act: EU Commission attempts to revive tiered approach shifting to General Purpose AI

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https://www.euractiv.com/section/artificial-intelligence/news/ai-act-eu-commission-attempts-to-revive-tiered-approach-shifting-to-general-purpose-ai/
The European Commission circulated on Sunday (19 November) a possible compromise on the AI law to break the deadlock on foundation models, applying the tiered approach to General Purpose AI and introducing codes of practice for models with systemic risks.

The AI Act is a landmark bill to regulate Artificial Intelligence based on its potential risks. The legislative proposal is currently at the last phase of the legislative process, so-called trilogues, between the EU Commission, Council and Parliament.

In the past weeks, the EU policymakers involved have been butting heads on regulating powerful foundation models like GPT-4, which powers the world’s most famous chatbot, ChatGPT, a versatile type of system known as General Purpose AI.

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