‘Real’ laws for artificial intelligence

March 07, 2024

Artificial intelligence (AI) is already changing the world – whether that is for better or for worse will depend on how effectively and responsibly its use and development is regulated and governed

ChatGPT, AutoGPT, Llama, generative AI… In what seems like a whirlwind couple of months, these once (largely) unknown terms have become mainstream in everyday conversations, and this is only the beginning. With the applications and use cases for generative AI only growing, it is critical that governments and businesses alike consider what this means for organisations, people and society and implement appropriate measures to address this.

The key challenge for governments is how do they regulate this new technology in a manner that facilitates innovation and improvement whilst ensuring safety, transparency and reliability. How do we make AI work for society in a positive way? Or, at least, in a manner that addresses potential negative consequences.

In this article, we consider AI in the current legal landscape in Australia, key legal concerns with AI and how governments around the world are moving to regulate it. We also look at how entities can proactively implement governance around AI to get the most out of AI in their business in a responsible way and ensure they get a head start on legal compliance.

Four key takeaways

AI, and in particular, generative AI, is different from traditional software tools. Factors such as complexity of algorithms, lack of transparency, hyper-scalability and self evolution combine to aggravate risk of the harm that it could cause to people, organisations and society.
There are already a number of existing laws that intersect with AI in Australia. Whilst they still apply and must be considered, many of these legal regimes have not considered the complexities of AI.
Governments around the world are moving to introduce specific regulation to address the development and use of AI with a range of strategies.
Organisations should be looking to get ahead of the curve and implement AI governance and risk management processes and procedures that reflect best practice (e.g. risk-based approaches).