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US Government issues AI guidelines and warns against over-regulating

The Office for Science and Technology Policy announced the guidelines at CES, sending a message to European counterparts against adopting a prescriptive approach.

Background: Artificial Intelligence is poised to become one of the most scrutinised areas of regulation in 2020. In Europe, the previous European Commission adopted its AI strategy in 2018, and the new EC looks set to follow in its footsteps, with particular regard to applications such as facial recognition.

Ten regulatory principles for AI: On 8 January 2020, the US White House issued a statement with a set of regulatory principles. Michael Kratsios, CTO of the Office of Science and Technology Policy (OSTP) noted that the choice between embracing technology and following our moral compass is a false one, and called for AI that reflects “American values”. The principles sit on ten pillars, including public trust, public participation, scientific integrity, risk assessment and management, flexibility, among others. Under the principles, regulatory agencies should keep in mind international uses of AI and ensure US firms are not disadvantaged by the US regulatory regime. They should also consider non-regulatory approaches to AI, where possible and beneficial.

Europe is warned against over-regulation: The OSTP also called on “Europe and other international partners” to adopt a similar approach by embracing principles that favour innovation, so that the US and its allies can remain the most important global hubs for AI; regulation should not be pursued until thorough assessments of costs and benefits have been carried out. It remains to be seen how the EC will receive the US position, seeing as the Commission will focus strongly on AI in its work plan for the coming years.