With artificial intelligence (AI) technologies such as machine learning and neural networks rapidly evolving, governments are racing to regulate AI. As TechRepublic reported in November 2021, the consulting firm Deloitte is predicting that evolving AI technologies could lead to “enforced regulations in 2023 and beyond.” If that’s the case, organizations that make and use the technology have only a year to meet AI standards.
According to Liz O’Sullivan, CEO of Parity, an algorithmic auditing platform, there are a number of recent developments that will shape AI regulations and standards in 2022. Below is a summary of ten predictions she recently outlined in Fast Company:
- The U.S. will keep pushing for voluntary standards and frameworks. However, these are likely to be limited. For example, while the European Union’s AI Principles, signed by 193 member states, forbids social credit scoring and pervasive surveillance, these are not enforceable.
- Many countries will pass national algorithmic governance laws, which will be subject to each nation’s unique culture and values. While it’s impossible to predict the impact of these divergent laws, they may provide insight into how regulations impact innovation.
- The EU will pass the AI Act, which will have a global impact on organizations that make and use AI. For example, companies now have to comply with the General Data Protection Act (GDPR), which imposes data privacy regulations on businesses that collect data from EU citizens even if those businesses are not based in the EU. Similarly, they will also have to learn to navigate the AI Act, which allows member states to determine some aspects of the law.
- Export controls over AI will become more strict.
- As prosecutors gain access to data and code that reveal how AI systems make decisions that impact minorities, AI is likely to face court challenges.
- U.S. congressional members will continue their push to pass federal legislation on AI. The 2019 Algorithmic Accountability Act, which requires organizations to make annual impact assessments available to the U.S. Furthermore, the Federal Trade Commission (FTC), could be reintroduced with additions. Members may also propose additional bills targeting algorithmic discrimination and transparency.
- Local governments will begin passing their own algorithmic oversight regulations, such as New York City’s Int. 1894. The law regulates the sale of automated employment decision tools used by organizations to help them select job candidates. To prevent potential discrimination in the application process, the law will require organizations to use external expertise for their algorithmic audits.
- U.S. regulators, such as the Food and Drug Administration (FDA), will begin to update existing AI guidance to meet the new challenges of machine learning. This will impact organizations that use AI in healthcare, finance, and employment.
- The FTC, which is charged with enforcing civil U.S. antitrust law and protects consumer rights, is expected to establish rules for overseeing most AI systems that interact with consumers.
- Under the White House Office of Science and Technology, the U.S. will produce its first Algorithmic Bill of Rights for governing AI in practice.
While AI regulations and standards are still developing and not entirely predictable, it’s clear that organizations need to begin preparing for them. Those that don’t may soon find themselves struggling to keep up.
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O’Sullivan, Liz. (3 January 2022). 2022 Promises to Bring Massive Change to AI Regulation. Fast Company.
Whitney, Lance. (30 November 2021). AI to see stricter regulatory scrutiny starting in 2022, predicts Deloitte. TechRepublic.