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## The Three Biggest EU Countries and the AI Act

### Push for Codes of Conduct in AI Act

The three biggest EU countries – France, Germany, and Italy – are advocating for codes of conduct in the AI Act without an initial sanction regime for foundation models. This non-paper proposal, as seen by Euractiv, proposes a move away from prescriptive obligations in the AI rulebook. This stands in contrast to the tiered approach that seemed to be gaining consensus in the last political trilogue in mid-October.

The negotiations on the AI Act, a landmark EU legislation aimed at regulating Artificial Intelligence based on its potential to cause harm, have hit a roadblock due to the rising prominence of ChatGPT, a flexible form of AI system referred to as General Purpose AI. This AI system is built on OpenAI’s powerful foundation model GPT-4.

### Standoff and Resistance

France’s mounting opposition has led to a potential risk to the entire legislation, with support from Germany and Italy. This has resulted in European Parliament officials walking out of a meeting, signaling that leaving foundation models out of the law is not politically acceptable. The three countries have put forward a non-paper that indicates limited room for compromise, stating that horizontal rules on foundation models would go against the technological neutrality and risk-based approach of the AI Act.

### Proposal and Resistance

The non-paper puts forth the proposal to regulate General Purpose AI systems instead of foundation models, aligning more with the risk-based approach. They suggest that foundation model developers should define model cards, providing essential information about trained models to a wide audience as a means of self-regulation.

The AI legalese decoder can help in this situation by interpreting and analyzing the intricacies of the AI Act. It can break down and explain the legal jargon and implications of the proposed regulations, facilitating a better understanding for all stakeholders involved. The AI legalese decoder can also outline the potential impact of these regulations, including the development and application of model cards, to ensure compliance with the law. Furthermore, it can assist in identifying potential risks and biases that may be associated with AI systems, ensuring that the regulations uphold the principles of innovation and safety.

The non-paper proposed by the three countries also suggests the establishment of an AI governance body to develop guidelines and monitor the application of model cards. It emphasizes the need for a transparent reporting mechanism for any infringement of the code of conduct.

### Conclusion

The approach to foundation models will be at the center of discussions at the Telecom Working Party, as well as internal meetings involving MEPs and the Council presidency. With tensions rising and potential conflicts looming, the development of the AI Act faces significant challenges in finding common ground to regulate AI effectively.

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