Rate of Development of Technology > Regulation

The history is repeating itself as AI risks elevate

So, the EU AI Act is finally passed, setting up a great precedence on regulating technology to be able to put it to good use.

Ever since the launch of ChatGPT in Nov’22, the risks of AI have scaled along with the perceived benefits of such sophisticated technology. The emergent capabilities of Generative AI models have created a fear among the users and society at large, highlighting the need to ring-fence and safeguard it.

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Inevitably, the speed at which AI is developing presents a significant challenge for regulation and governance. As seen over the past few decades, technology tends to evolve at an exponential rate, while policy and law often evolve at a more linear pace. This mismatch can result in a regulatory gap where new technology is in widespread use before appropriate safeguards or guidelines for its use have been established.

To address this, there are a few strategies and methods we could adopt:

1. Anticipatory Regulation: This involves developing flexible regulatory frameworks that can anticipate emerging technologies. The goal is not to predict specifics, but to create a structure that can adapt as technology evolves.
2. Iterative Policymaking: Policymaking should be treated as an ongoing, iterative process. Laws and regulations should be updated regularly in response to new developments and insights.
3. Experimental Regulation: This concept allows for certain regulatory exemptions in controlled environments, often called “sandboxes”, to test new technologies and the potential impact of different regulatory approaches.
4. Stakeholder Engagement: Policymakers should actively engage with technologists, AI ethicists, and other stakeholders to stay informed about the latest advancements in AI and its implications.
5. Multi-Disciplinary Approach: The implications of AI are vast, touching aspects of economics, law, sociology, philosophy, and more. Taking a multi-disciplinary approach to policy can help create comprehensive and robust regulations.
6. Education and Training: Policymakers need to be knowledgeable about AI and its potential societal impacts. Investing in education and training can ensure that those responsible for developing policy have a deep understanding of the technology they are regulating.
7. International Cooperation: Given the global nature of AI, international cooperation is crucial to developing shared norms and standards. Policymakers around the world need to work together to address the global challenges presented by AI.

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While these strategies can help, it’s important to remember that the rapid pace of technological development will always present a challenge for regulation. Let’s revisit some examples from the past, illustrating how rapid advancements in technology outpaced regulatory developments.

The rise of social media platforms radically altered the way we communicate and access information. However, it’s also led to issues such as fake news, online harassment, and privacy violations. It wasn’t until these issues became widespread and began to significantly impact society that regulations were put in place to mitigate them.

Another key lesson is learned from the ride-sharing apps, such as, Uber and Lyft, that disrupted the traditional taxi industry with technology. However, these companies operated in regulatory grey areas for years, as existing transportation laws did not account for their business models. It took time for cities and countries to update their regulations to manage these services, often leading to conflict in the interim.

Cut short to recent times where the development and deployment of AI-generated synthetic media, often referred to as deepfakes, can be used to create realistic but fake video and audio recordings of people. The rapid advancement of this technology has superseded regulatory measures, posing threats to security, privacy, and truth in media.

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These examples highlight the need for adaptable, flexible regulatory frameworks that can quickly respond to the unanticipated challenges posed by rapidly evolving technologies, and will likely require a group of experts, such as, technology developers, legal experts, ethicists, and policymakers to come together and make it right.