ABSTRACT
The ChatGPT chatbot has not just caught the public imagination; it is also amplifying concern across industry, academia, and government policymakers interested in the regulation of Artificial Intelligence (AI) about how to understand the risks and threats associated with AI applications. Following the release of ChatGPT, some EU regulators proposed changes to the EU AI Act to classify AI systems like ChatGPT that generate complex texts without any human oversight as ‘high-risk’ AI systems that would fall under the law’s requirements. That classification was a controversial one, with other regulators arguing that technologies like ChatGPT, which merely generate text, are ‘not risky at all’. This controversy risks disrupting coherent discussion and progress toward formulating sound AI regulations for Large Language Models (LLMs), AI, or ICTs more generally. It remains unclear where ChatGPT fits within AI and where AI fits within the larger context of digital policy and the regulation of ICTs in spite of nascent efforts by OECD.AI and the EU…
Wolff, Josephine and Lehr, William and Yoo, Christopher S, Lessons from GDPR for AI Policymaking (August 1, 2023), University of Pennsylvania Law School, Public Law Research Paper No 23-32.
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