Re: Draft EU AI Act regulations could have a chilling effect • The Register

Hello,

I think it is a bit overkill to jump to the gun.
EU also has it's own open source initiative projects - EuroVoc
<https://op.europa.eu/en/web/eu-vocabularies>, Europa
<https://op.europa.eu/en/home>, etc.

Thanks,

Adeel


On Tue, 13 Sept 2022 at 12:39, Andrii Berezovskyi <andriib@kth.se> wrote:

> Hello,
>
>
>
> I am sorry but did anyone consult a lawyer (EU-based, of course) first?
> From the first look, Brookings Institution is just a think tank,
> non-European on top of that. The author of the critique (
> https://www.brookings.edu/experts/alex-engler/) is not a lawyer but
> “graduated from American University with a B.A. in economics before earning
> a Master of Public Policy at Georgetown University and a Master of Science
> in Predictive Analytics at Northwestern University”.
>
>
>
> The author mentions “the explicit inclusion of open-source GPAI undermines
> the Council’s ambitions”.
> https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021PC0206
> doesn’t contain anything that would remotely hint at that if you search by
> the keywords “open”, “free”, “publicly”.
>
>
>
> The author argues that the Regulation will create “legal liabilities, and
> thus a chilling effect, on open-source GPAI development”. Now, if he is a
> non-lawyer, let me give my non-lawyer opinion as well. The proposal is
> clearly aimed at the application, not the development or release of AI
> systems: “Title I defines the subject matter of the regulation and the
> scope of application of the new rules that cover the placing on the market, *putting
> into service and use of* AI systems.”. I see it as an excellent proposal,
> that will preclude businesses from saying the devil AI algorithm made me
> do it.
>
>
>
> There is similar regulation like IEC 61508, but nobody claims that such
> regulation may pose risks to the GCC developers if there is a bug in the
> compiler and a safety-critical system fails and the vendor may sue the GCC
> developers. First, there is a disclaimer of liability in the OSS licenses.
> Second, because the proposed Regulation requires high-risk systems to go
> through “ex-ante *conformity assessment*”.
>
>
>
> The proposal also includes great nuggets like “The proposal also prohibits
> AI-based social scoring for general purposes done by public authorities.
> Finally, the use of ‘real time’ remote biometric identification systems in
> publicly accessible spaces for the purpose of law enforcement is also
> prohibited unless certain limited exceptions apply.”
>
>
>
> In conclusion, I would like again that I am not a lawyer, and my analysis
> was very cursory. However, I would like the community to consult an
> EU-based lawyer and understand the implications of the proposal first
> before spreading calls for specific action.
>
>
>
> Best regards,
>
> Andrii Berezovskyi
>
>
>
> *From: *Dan Brickley <danbri@danbri.org>
> *Date: *Tuesday, 13 September 2022 at 10:12
> *To: *"paoladimaio10@googlemail.com" <paoladimaio10@googlemail.com>
> *Cc: *ProjectParadigm-ICT-Program <metadataportals@yahoo.com>,
> Public-cogai <public-cogai@w3.org>, W3C AIKR CG <public-aikr@w3.org>,
> public-lod <public-lod@w3.org>
> *Subject: *Re: Draft EU AI Act regulations could have a chilling effect •
> The Register
> *Resent-From: *<public-lod@w3.org>
> *Resent-Date: *Tuesday, 13 September 2022 at 10:09
>
>
>
> Is there any response from actual Open Source AI projects? Or
> collaborative data initiatives like Wikidata?
>
>
>
> Speaking of large tech companies - including my employer, Google - many
> have focussed very heavily on Open Source, and have significant investment
> in the Open Source ecosystem being healthy.
>
>
>
> Dan
>
>
>
> On Tue, 13 Sep 2022 at 01:13, Paola Di Maio <paola.dimaio@gmail.com>
> wrote:
>
> Do we have a plan?
>
>
>
> On Tue, Sep 13, 2022 at 12:13 AM ProjectParadigm-ICT-Program <
> metadataportals@yahoo.com> wrote:
>
> The EU AI Act could spell disaster for open source development and put the
> AI development in the hands of large companies in the corporate sector.
> This could also create problems for any technologies using ontologies,
> semantic web technologies, knowledge graphs, predictive algorithms,
> knowledge representation, the use of which could be construed as artificial
> intelligence.
>
>
>
> https://www.theregister.com/2022/09/11/in_brief_ai/
>
>
>
> Milton Ponson
> GSM: +297 747 8280
> PO Box 1154, Oranjestad
> Aruba, Dutch Caribbean
> *Project Paradigm*: Bringing the ICT tools for sustainable development to
> all stakeholders worldwide through collaborative research on applied
> mathematics, advanced modeling, software and standards development
>
>