人工智能监管:我们在哪里 & 接下来是什么?

英国在人工智能开发和研究方面处于领先地位, 排名世界第三，仅次于美国和中国. 根据 国际贸易管理局, our AI industry is projected to contribute $1 trillion to the UK economy by 2035 – a staggering number that speaks to the exponential growth rate of the sector.  

It’s no surprise then, that the government has put AI at the front and centre of its agenda. 2021年，它发布了第一个十年计划 国家人工智能战略, which set out plans to cement the UK as an ‘AI superpower’ through investment and a digital-first approach. 从那时起, 我们看到政府在这个领域采取了一系列行动, 包括任命第一位人工智能和知识产权部长.  

But at the heart of this activity lies one key question – how can governments foster growth and innovation, while also protecting consumers and creating a framework for safe application of AI technologies?  

英国的人工智能监管 

就目前而言, the use of AI in the UK is regulated in the context of its application, through existing legal frameworks like financial services regulation. But these frameworks weren’t designed to address the new and increasingly pressing questions that the application of AI creates. Regulators are grappling with thorny questions such as who owns the rights to music generated by AI? 谁应该为算法偏见造成的伤害负责? 这样的例子不胜枚举.

政府的 人工智能白皮书, published in March 2023, set out how it plans to bring our regulatory approach up to date. In order to strike a balance between rigid regulation and innovation, the White Paper establishes five values-focused regulatory principles, 包括公平, 问责制和安全. Existing regulators will be required to apply these principles proportionately to risks posed by AI within their respective remits and in accordance with existing laws and regulations. We’re already seeing regulators implementing this new approach – the Information Commissioner’s Office (ICO) in particular has been quick out of the blocks, confirming that AI is one of its top priorities and publishing 广泛的指导 为企业提供资源.

这种以原则为导向的方法, 政府将其描述为“监管创新”, is designed to deliver sector-specific solutions that can adapt to developing applications of AI and align with wider international frameworks.  专注于创造一个经得起未来考验的产品, flexible framework is welcome and feels like the right next step as it should allow regulators the freedom to take an approach that best suits the needs of their individual sectors.

也就是说, this approach creates a risk that the regulatory landscape and approach to enforcement across different sectors could become inconsistent and confusing, 这需要谨慎管理. The success of the Government’s approach will therefore be dependent on close working between government and regulators, 包括通过 数码监管合作论坛, to ensure that there is parity in the application of the new principles.

But we must also acknowledge that the tech industry has a critical role to play. 监管原则可以带我们走这么远，但首先 全球指导方针 人工智能技术的安全发展, 11月出版, emphasise the importance of AI developers building programmes that are cyber-secure from inception, 或者“设计安全”. 换句话说, a successful future regulatory framework for AI will need to be tripartite, 与政府, regulators and industry all playing their role in making AI safe.

地平线上的变化

In February 2024 the Government set out some next steps for AI regulation in a 响应 参加人工智能白皮书咨询. The 响应 reiterates the Government’s commitment to a principles-led approach and focuses on implementation, with commitments related to monitoring (including consulting on a new risk register) and support for regulators.  

It’s clear that a non-statutory approach remains the core of Government policy, but there are hints that we may see divergence from this in future. Highly-capable general purpose AI systems are identified as a real regulatory challenge, and the Government acknowledges that there is likely to be a need to consider risk thresholds and binding requirements on the developers of this technology in the future.  

与此同时, Labour has been vocal about the huge economic opportunities of AI technologies, 但也对风险持谨慎态度, 特别是在大型语言模型中. 在去年的一次演讲中, 当时负责创意产业的影子部长, 露西鲍威尔, indicated that Labour would back a licensing regime for large language model development that would be overseen by a new, 专门的监管机构. 差不多在同一时间, Labour leader Keir Starmer set out his intention to take a tougher stance on AI, 并提出了“总体监管框架”计划.  

While there’s no suggestion that we’re heading for an EU or US style regulatory overhaul, it’s clear that the UK is only just setting off on the journey to finding the right regulatory ‘fit’ to create a sustainable and safe environment for AI application. Where that journey will end is unclear – even ChatGPT can’t answer that one.