AI issues in the Bletchley Declaration and the Council of Europe Convention

In the 21st century, artificial intelligence, initially driven by robotics, has taken on major importance thanks to numerous innovations, including the Internet, affecting the technological (computers and algorithms), economic (growth, job creation and elimination), financial, legal and ethical fields.

Arising in the 1950s, artificial intelligence has its origins in the medical field, which remains a privileged sector that generates a vast literature. Definitions of artificial intelligence in literature reviews range from economics to philosophy.

According to D. Pastre ( https://www.normalesup.org/pastre/IA ), artificial intelligence refers to the science of making machines perform what was previously human work. The European Parliament (April 5, 2022) defines artificial intelligence as any tool used by a machine to "reproduce human-related behaviors, such as reasoning, planning and creativity". According to John Mc Carthy, one of the pioneers of artificial intelligence, AI concerns "the science and engineering of making intelligent machines, especially intelligent computer programs".

Since the end of the second decade of the 21st century, a proliferation of legal texts or texts with a legal connotation has emerged, emanating from States, international organizations, companies and NGOs.

The 2016 white paper from the French National Institute for Digital Science and Technology (INRIA) highlights the progress made in AI research. As of 2019-2020, the European Union, some localities and some American states have begun to reflect on or rule on the prospects offered by artificial intelligence. A recommendation on the ethics of artificial intelligence, including sustainable development, was adopted by UNESCO's 193 member states on November 23, 2021. However, it was in 2023 and 2024 that the law(s) of artificial intelligence took more concrete shape.

Aside from the rights of state and regional entities, the Bletchley Declaration of 1 ^er November 2023, with its 29 states and private players, reflects the balance of power, particularly commercial, between the major powers such as the USA, China, the European Union and the UK when it comes to AI. It initiates a first form of governance for artificial intelligence. The Council of Europe's European Convention on AI, adopted on March 29, 2024, stands out for its approach centered on human rights, democracy and the rule of law, laying down a strict legal framework to oversee the development and use of AI in Europe.

The issues at stake are partly similar, but on certain points they conflict....