Article | REF: H5540 V1

The european legal framework for artificial intelligence

Author: Claudine GUERRIER

Publication date: January 10, 2024

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ABSTRACT

Artificial intelligence is a good illustration of the theories attached to innovative technologies on which Jacques Ellul has reflected for several decades. It is necessary to define the concept of artificial intelligence. Common European law already offers rules for the protection of personal and non-personal data, the competition regulation (cartels, abuse of dominant position, state aid), and the product safety. The European Union makes it possible to follow directives, regulations, TFEU. However, artificial intelligence also imposes specific regulations : Council  of Europe Convention Artificial Intelligence, European Union regulation of 2023 based on risks.

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 INTRODUCTION

The Robert dictionary describes artificial intelligence as "the set of theories and techniques for developing complex computer programs that simulate certain traits of human intelligence: reasoning, learning".

According to the Larousse dictionary, "artificial intelligence is a process of imitating human intelligence, based on the creation and application of algorithms".

According to John Mc Carthy, one of the pioneers of artificial intelligence, AI is "the science and engineering of making intelligent machines, especially intelligent computer programs".

Artificial intelligence is applied to various sectors of the economy and human activity. Since the end of the 20th century, a number of fields have taken an interest in AI:

  • the medical field. As early as 1980, robots appeared in operating theatres and were able to perform miniaturized, precise movements that were a great help to surgeons;

  • the military field. The production of AI results in autonomous robots that can replace humans in combat. The USA was the first to invest heavily in this field;

  • the automotive industry. AI is used in particular in autonomous cars;

  • heavy industry. Robots are likely to take on repetitive and dangerous functions for humans, to be good workers ;

  • art, literature. AI can agglomerate the musical compositions of a musician or the style of a writer, and this seems to threaten the concept of originality;

  • education. AI is capable of producing good interactive lectures. It helps schoolchildren and students. Nevertheless, Chat GPT, implemented by Open IA, is in the media spotlight, and teachers are being asked whether plagiarism, identified by currently effective software, does not leave room for AI to write reports superior to those transmitted today by students lacking in spelling and syntax.

This list is not exhaustive.

Three types of AI are envisaged:

  • weak AI. Although machine learning is constantly advancing, weak AI is commonplace. The system is based on algorithms: AI teaches the robot to provide intelligence from the data it is given. It reproduces cognitive faculties, and does not go beyond a particular problem;

  • strong AI or general AI implies that the algorithm has the ability to understand the acts and actions assigned to it. This AI does not possess consciousness, but the machine acquires ever more experience; the tasks performed induce reactions that were not programmed at the outset;

  • ...
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European legal framework for artificial intelligence