Artificial Intelligence is currently governed by a complex framework of ethical guidelines and scattered sector-specific legislation. Against the backdrop of rapid technological development, the legal landscape is also facing a period of fast paced innovation, and the European AI Act is at the forefront of the regulatory race. However, while there seems to be a general consensus on the opportunity to provide safeguards and legal certainty through comprehensive legal frameworks, regulating such a dynamic and pervasive technology is certainly a highly challenging task for any legislator. The first part of the chapter examines the characteristics (the three Ts) that are necessary for any AI law to be sustainable, future-proof and tailored to the specific technology. Therefore, a law should be Tuned (developed in accordance with scientific expertise and societal pluralism), Timely (able to provide certainty, yet flexible to technological change) and Tailored (focused on the particular technology at hand). Thus, a preliminary analysis of the AI Act is carried out by comparing it with the above features. The second part of the chapter examines analytically the content of the proposed regulation, focusing first on the risk-based approach of the AI Act, its scope and the definition of AI system. It then focuses on an overview of the different levels of risk (including the ad hoc legal framework for general-purpose models) and, in particular, the regulation of high-risk systems. Finally, it presents a general framework for regulatory sandboxes, governance and enforcement measures. Considerations on the regulation’s ability to remain future-proof and preserve innovation while safeguarding fundamental rights are presented in the Concluding Remarks

AI Regulation in Europe: Exploring the Artificial Intelligence Act / Casonato, Carlo; Olivato, Giulia. - 150:(2024), pp. 87-112. [10.1007/978-3-031-76961-0_5]

AI Regulation in Europe: Exploring the Artificial Intelligence Act

Casonato, Carlo
Primo
;
Olivato, Giulia
Ultimo
2024-01-01

Abstract

Artificial Intelligence is currently governed by a complex framework of ethical guidelines and scattered sector-specific legislation. Against the backdrop of rapid technological development, the legal landscape is also facing a period of fast paced innovation, and the European AI Act is at the forefront of the regulatory race. However, while there seems to be a general consensus on the opportunity to provide safeguards and legal certainty through comprehensive legal frameworks, regulating such a dynamic and pervasive technology is certainly a highly challenging task for any legislator. The first part of the chapter examines the characteristics (the three Ts) that are necessary for any AI law to be sustainable, future-proof and tailored to the specific technology. Therefore, a law should be Tuned (developed in accordance with scientific expertise and societal pluralism), Timely (able to provide certainty, yet flexible to technological change) and Tailored (focused on the particular technology at hand). Thus, a preliminary analysis of the AI Act is carried out by comparing it with the above features. The second part of the chapter examines analytically the content of the proposed regulation, focusing first on the risk-based approach of the AI Act, its scope and the definition of AI system. It then focuses on an overview of the different levels of risk (including the ad hoc legal framework for general-purpose models) and, in particular, the regulation of high-risk systems. Finally, it presents a general framework for regulatory sandboxes, governance and enforcement measures. Considerations on the regulation’s ability to remain future-proof and preserve innovation while safeguarding fundamental rights are presented in the Concluding Remarks
2024
Digital Environments and Human Relations: Ethical Perspectives on AI Issues
Cham, Switzerland
Springer
978-3-031-76960-3
978-3-031-76961-0
Casonato, Carlo; Olivato, Giulia
AI Regulation in Europe: Exploring the Artificial Intelligence Act / Casonato, Carlo; Olivato, Giulia. - 150:(2024), pp. 87-112. [10.1007/978-3-031-76961-0_5]
File in questo prodotto:
File Dimensione Formato  
24.12 Fabris.pdf

Solo gestori archivio

Tipologia: Versione editoriale (Publisher’s layout)
Licenza: Tutti i diritti riservati (All rights reserved)
Dimensione 5.05 MB
Formato Adobe PDF
5.05 MB Adobe PDF   Visualizza/Apri

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/441238
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
  • OpenAlex ND
social impact