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Summary Case study EU digital policy: AI Act

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Case study on European digital policy, focusing on the AI Act

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Case 5: AI Act
Class European platform policies


Objectives
Explain why the EU felt it needed an AI Act

Describe the EU decision-making process that led to the AI Act and where
the main conflicts were

Summarise the core structure of the AI Act (scope, risk tiers, governance,
enforcement timeline)

Classifiy simple AI use cases into risk-based categories

Explain how ChatGPT (and similar tools) are regulated under the Act

Critically discuss advantages and drawback of the AI Act
→ especially for digital media and creative industries


Concepts and context
Different AI uses:

Generative AI

In the medical field

HR (to hire people)

Eductional

Creative industries
→ transcription of AV-content, AI generated songs

Governments
→ migration, law enforcement

⇒ inequalities & bias embedded in AI (especially LLM) + however people
often assume it is objective/factual
⇒ which forms of AI use would be so risky that they need to be regulated
(eg law enforcement, surveillance, social scoring)




Case 5: AI Act 1

, Context
AI = omnipresent
→ very difficult to regulate it (+ a lot of overlap/conflicts with other
regulations)

Problem = foundational models (eg ChatGPT) only became popular during
the process of making the Act
→ additional guidelines should be issued in the next years

Machine learning value chain




Difference between AI used in particular services & used for operating
systems and processes
→ are often interlinked, but very different to regulate

Examples of AI in real life
→ Virtual Assistants, autonomous vehicles, healthcare, smart home
devices, finance and banking, robotics, gaming & entertainment, language
translation, education, retail, search engines
→ prominent policy discussions = link between AI and copyright (human-
machine-human), special effects in movies

EU legislation = try to harmonise + not cause fragmentation
→ you don’t want to limit the market, but also mitigate the risk (discussion
of over- vs underregulating)

Fundamental rights risks

Mass biometric surveillance, emotion recognition at work/school

Social scoring (China comparisons)

Predictive policing, discriminatory profiling



Case 5: AI Act 2

, AI systems deployed in high-stakes decisions w/o transparency or
accountability
→ eg hiring, grading, credit, policing

Democratic + media risks

Deepfakes, synthetic media in elections

Disinformation campaigns supercharged by generative AI

Manipulative recommender systems and ‘dark patterns’

Market + innovation risks

Fragmentation: 27 MS inventing their own AI rules

Powerful US and Chinese firms setting de-facto standards

Need for legal certainty so European companies dare to use AI

AI categories
Two broad categories of AI technologies

Artificial narrow intelligence (ANI) Artificial general intelligence (AGI)

weak AI strong AI

designed to perform a wide range of
image and speech recognition systems
intelligent tasks

GenAI = trained on broad set of unlabelled
trained on well-labelled datasets
data with minimal fine-tuning

perform specific tasks & operate within
think abstractly & adapt to new situation
predefined enivronment

From ANI to AGI?
→ achieving machines with human-level intelligence still require these
critical skills

Visual perception
→ current AI struggle with context, color and understanding how to
react to partially hidden objects

Audio perception
→ cannot reliably understand accents, sarcasm and other emotional
speech tones
→ difficulty filtering out unimportant background noise




Case 5: AI Act 3

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Written in
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