Retrospective 2023: are we living in the age of AI?

The Estadão website published an article by Dr. Matheus Puppe, partner at Maneira Advogados, which takes a look back at the most relevant facts of this year in the field of Artificial Intelligence.

2023 Retrospective: Are we living in the age of AI?

By Matheus Puppe*

01/12/2023

Powell's tense voice came over the radio, ringing in Donovan's ears:

Well, listen up: let's start with the three fundamental laws of the Rules of Robotics, the three rules that are most deeply embedded in a robot's positronic brain.

In the dark, his gloved fingers enumerated each one.

We have: One: a robot may not harm a human being, or, through inaction, allow a human being to come to harm.

Okay!

Two: a robot must obey orders given to it by human beings, except in cases where such orders contravene the First Law.

Okay!

…and three: a robot must protect its own existence as long as such protection does not conflict with the First or Second Laws.

INTRODUCTION

It seemed like fiction, but now we come to reality, and 2023 shows us how essential rules and laws have become for something we only saw in science fiction books and films. We have reached the era of Artificial Intelligence.

The quote above is from Isaac Asimov, renowned science fiction author, who described in his work “I, Robot” the three fundamental laws of robotics. Although written in an era long before the conception of AI, these laws now resonate with undeniable importance in the current scenario. And they alone are no longer enough!

In 2023, we will experience a significant advancement in the regulation of AI around the world, as AI becomes an integral part of everyday life and its commercial exploitation has reached unprecedented heights!

FROM GENESIS TO COMMERCIAL USE

Although the history of AI goes back decades, when pioneers like Alan Turing and Ada Lovelace began exploring the possibilities of creating intelligent machines, it is only recently that AI has evolved exponentially, becoming a powerful and ubiquitous tool in our modern world, with increasing adoption at home.

The commercial use of AI has flooded the market with innovative solutions in various sectors, from virtual assistants to autonomous cars, including content creation, process automation, drug creation and patient analysis and treatment. With the constant advancement of computing, the impacts of AI will only increase, shaping our lives and the market economy in profound ways.

LEGISLATIVE IMPACTS OF AI

AI legally affects various aspects of everyday life and impacts several legal issues, such as intellectual property and copyright, through the creation of artistic and literary works by AI and possible “violations” or apparent violations, which reinforce new challenges in defining who owns copyright, in the absence of applicable legislation.

AI also started to generate a great discussion about civil liability, raising the point of responsibility for damages caused by AI, whether those of developers, operators or AI itself. The laws still need to be adapted and clear in this aspect.

Many discussions have also arisen about the use of data for training AI systems, which depend on large sets of information, raising points about their collection, use and privacy.

And speaking of data privacy, the use of AI can affect people's privacy, requiring specific regulations to protect personal information in a context where anonymization and unidentifiable data are put at risk.

In addition, we have synthetic data, which is data generated by the systems themselves, raising concerns about veracity, authenticity and legal use.

In this way, regulation has been evolving to try to keep up with technological developments, often without success. The whole world took the lead in draft laws and laws enacted to try to restrict the impacts of the use of AI and protect its citizens from negative consequences.

AI REGULATION AROUND THE WORLD

Several countries and regions took the lead in this process, such as:

• European Union: The EU was one of the pioneers in regulating AI. In April 2023, the European Commission approved the AI ​​Systems Regulation (AI Act), which sets out principles and rules for the development and use of AI systems in the EU. The AI Act prohibits discrimination and manipulation in AI systems and requires systems to be transparent and traceable.
• United States: The US also advanced in 2023. In June 2023, the US Department of Commerce released guidance for companies developing and using AI systems. The guide provides guidance on how to avoid discrimination and manipulation in AI systems and how to promote equity and inclusion.
• China: China passed the Artificial Intelligence Development Law (Artificial Intelligence Promotion Law), which came into force in July 2023. The law establishes principles for the development and use of AI systems in the country, such as promoting innovation and protecting national security.
• Others: In addition to these, several others also in 2023: for example, Japan approved its AI law in May 2023, which establishes principles for the development and use of AI systems; India also approved in June 2023 a law that establishes principles for the development and use of AI systems.

BRAZILIAN SCENARIO

Brazil has not lagged behind in regulating AI. Bill 5,589/2021, approved by the Senate in December 2023, establishes principles and rules for the development and use of AI systems in the country, however, it still awaits approval from the Chamber of Deputies, but should be impacted (positively) by the Chamber's Special Committee on Digital Law, as current regulation still needs to evolve considering the different types of AI and plausible obligations.

The fact is that some themes – right or not – have become central and common points in the growth of AI, such as:

• Discrimination and manipulation: Laws and guidelines passed in 2023 prohibit discrimination and manipulation in AI systems.
• Transparency and traceability: Laws and guidelines passed in 2023 require AI systems to be transparent and traceable.
• Equity and inclusion: Laws and guidelines passed in 2023 promote equity and inclusion in the development and use of AI systems.

REGULATED SELF-REGULATION AS A PATH

Regulating new technologies is a big challenge. It cannot be too fast, otherwise we will have legal uncertainty, nor too slow, or we will have laws that are out of date at birth.

But there is a solution. A promising approach to regulating AI (and as successful as, for example, data protection laws around the world) is regulated self-regulation.

Such a form of regulation involves collaboration between industry, AI experts and government authorities to create ethical and legal standards that enable innovation while protecting the rights and interests of all parties involved, requiring technical and legal compliance obligations, with possible sanctions for non-compliance.

In this context, the Digital Law Committee of the Chamber of Deputies has a crucial role. As a guest technical expert, I was involved in this effort to update the law and create standards that connect with AI, data protection, copyright and other issues of the digital era, which must inevitably be linked, as technological ones are confluent and need regulations that dialogue with each other.

We should not fear advances in technology, which often generate discomfort due to lack of knowledge. We must regulate it forcefully because AI does not seek to hurt anyone, but rather the people who seek to misuse it, and therein lies the problem.

*Matheus Puppe, lawyer specialized in Digital Law, partner in the TMT, Privacy and Data Protection area at Maneira Advogados.

https://www.estadao.com.br/politica/blog-do-fausto-macedo/retrospectiva-2023-estamos-vivendo-a-era-da-ia/