The legal profession should have a role in creating the government’s ‘innovation friendly’ regulation regime for regulating artificial intelligence, the Law Society said today. It was responding to the government’s white paper on AI innovation in the run-up to the prime minister’s AI Safety Summit, which opens tomorrow at Bletchley Park, near Milton Keynes. 

Chancery Lane’s recommendations to the government include:  

  • The expertise of the legal profession should be recognised and harnessed in the AI regulatory approach.
  • Legal professional privilege must be protected in the future regulation of AI.
  • The UK government should take a balanced approach to regulation to safeguard social interests while not impeding technological progression.

The Society also recommends emulating the EU’s forthcoming AI act with legislation to establish parameters where the use of AI is unacceptable. It says the government should set out a definition for ‘meaningful human intervention’ in AI systems and should require organisations to appoint an AI officer when needed.

Meanwhile, mandatory transparency is needed for the use of AI in government or public services and establishing a due diligence system to boost public trust.

'As the government prepares for its summit on AI, we are working with our members to show the benefits of AI for the legal profession,' Law Society president Nick Emmerson said. 'The legal profession plays an integral role in shaping the future of AI regulation. We recognise AI’s potential to transform lives, boost the economy and increase access to justice. However, our members need further clarity on legislation, procurement practices and how discrepancies across sectors will be mitigated to enable the profession to make the most of these technologies.’

The AI Safety Summit is being held as the pace of regulation for the new technologies picks up around the world. US president Joe Biden yesterday signed an executive order which the White House said 'establishes new standards for AI safety and security, protects Americans’ privacy, advances equity and civil rights, stands up for consumers and workers'. 

Mario Di Carlo

Mario Di Carlo, partner at Studio Legale Ristuccia e Tufarelli, Milano

Source: Michael Cross

Meanwhile the text of the EU’s pace-setting AI Act looks set to be formalised early this month, the International Bar Association’s conference in Paris heard today. The act will impose three tiers of regulation, said Mario Di Carlo, partner at Milan firm Ristuccia e Tufarelli: a prohibition where there is an 'unacceptable risk'; strong regulation in areas of 'high risk' and less regulation for 'limited risk'. Unacceptable risks include AI's use in biometric identity verification, whereas high risks cover uses in critical infrastructure, justice and employment, Di Carlo said. 

However he reminded the Paris conference that even when the act is passed, it will not come into effect for another two years. 'There is a long way to go before we actually have to enforce it,' he said. 

 

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