January 31, 2023

GPT, GDPR, AI ACT: HOW (NOT) TO REGULATE “GENERATIVE AI”?

How to regulate “generative AI” is now a major question across the world. The Italian Data Protection Authority’s orders against OpenAI’s operations of ChatGPT in Italy highlighted tensions between the EU’s General Data Protection Regulation (GDPR) and generative AI infrastructures trained on massive datasets involving both personal and non-personal data. The emergence of generative AI infrastructures has led to rethinking in the EU’s proposed Artificial Intelligence Act (AIA), which aims for comprehensive, risk- and product safety-based AI regulation. National agencies including the Cyberspace Administration of China (CAC) are exploring new regulatory measures in this area. In regulation, licensing, contracts, and litigation, the allocation of risk and responsibilities along the generative AI supply chain is vigorously in contention. The rapidly evolving regulatory discourse surrounding generative AI brings new valence to wider debates about concentration of infrastructural and platform power, safety, (non)alignment, responsibility, and their implications for competition, innovation, and socio-technological development. This conference brings together scholars, practitioners, public interest advocates, industry representatives, and policy-makers who are facing these questions daily in various contexts and at different scales.

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