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If You Don’t Trust A.I. Yet, You’re Not Wrong

July 30, 2021

This opinion piece from the New York Times (subscription required) by law professor Frank Pasquale from the US and associate professor Gianclaudio Malgieri from France argues that the "Biden administration should harmonize the U.S. approach" with those in the European Commission's recently announced AI rules. In particular, they highlight the delineation of AI applications into tiers of risk that include a level "too harmful to be permitted" and a high risk category that demands documentation and evidence of governance. As with insurance, inaction from regulators like the Equal Employment Opportunity Commission (EEOC) seems likely to drive state action, which could lead to a patchwork of regulatory requirements that will place a higher burden on US companies from a compliance standpoint, not to mention the burden of working in the US and the EU as seen in a previous issue of this newsletter.

Meanwhile, European developers worry about the competitive disadvantage they will face against the large tech platform companies, which have existing competencies with regulatory work that smaller players without those teams and experience.

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