The United States and European Union are divided by thousands of miles of the Atlantic Ocean, and their approaches to regulating AI are just as vast. The landscapes are also dynamic, with the latest change on the U.S. side set to roll out today—about seven weeks after a big move in the EU.
The stakes are high on both sides of the Atlantic, with repercussions in practices as disparate as determining prison sentences to picking who gets hired.
The European Union’s Artificial Intelligence Act (AIA), which was approved by the Council of the EU on Dec. 6 and is set to be considered by the European Parliament as early as March, would regulate AI applications, products and services under a risk-based hierarchy: The higher the risk, the stricter the rule.
If passed, the EU’s AIA would be the world’s first horizontal—across all sectors and applications—regulation of AI.
In contrast, the U.S. has no federal law specifically to regulate the use of AI, relying instead on existing laws, blueprints, frameworks, standards and regulations that can be stitched together to guide the ethical use of AI. However, while business and government can be guided by frameworks, they are voluntary and offer no protection to consumers who are wronged when AI is used against them.
Adding to the patchwork of federal actions, local and state governments are enacting laws to address AI bias in employment, as in New York City and the entire state of California, and insurance, with a law in Colorado. No proposed or enacted local law has appeared in the news media to address using AI in jail or prison sentencing. However, in 2016, a Wisconsin man, Eric Loomis, unsuccessfully sued the state over a six-year prison sentence that was based, in part, on AI software, according to a report in The New York Times. Loomis contended that his due process rights were violated because he could not inspect or challenge the software’s algorithm.
“I would say we still need the foundation from the federal government,” Haniyeh Mahmoudian, global AI ethicist at DataRobot, told EE Times. “Things around privacy that pretty much every person in the United States is entitled to, that is something that the federal government should take care of.”
The latest national guideline is expected to be released today by the National Institute of Standards and Technology (NIST).
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