Should AI Regulation Be "Narrow" Or "Broad"?

• Jurisdiction: European Union
• Law Firm: Penteris
• Subject Matter: Technology, New Technology
• Author: Jeremiasz Kuśmierz
• Published date: 22 August 2023

With the rapid advancement of AI-based systems and applications, the issue of how to regulate this transformative technology has grown increasingly important. While there is widespread agreement on the need for protective measures, finding the right equilibrium between promoting innovation and ensuring safety, ethical considerations, and accountability presents a significant challenge.

European Perspective

The European Union has taken a pioneering stance in shaping the regulatory landscape for AI in recent years. Central to this effort is the proposed "Artificial Intelligence Act," a framework designed to establish unified rules for AI development and deployment. A defining characteristic of the EU's approach is the adoption of a risk-based paradigm, which involves regulating the diverse applications and functionalities of AI systems rather than the technology itself.

This strategy sees technology as a versatile tool that can be beneficial, neutral, or harmful to society depending on its application. This approach, often referred to as 'narrow' regulation, focuses on identifying potential benefits and risks.

Broadening the Narrow

The whole landscape for the regulation of Artificial Intelligence drastically changed in 2023 with the emergence of powerful generative AI models capable of producing incredible art and sophisticated language content. This sparked a heated debate about whether 'narrow' regulation is sufficient to mitigate the risks associated with this technology. These concerns led to significant amendments to the proposed AI Act, which were agreed upon and adopted by the European Parliament in June of this year.

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