Innovation, Quantum-AI Technology & Law

Blog over Kunstmatige Intelligentie, Quantum, Deep Learning, Blockchain en Big Data Law

Blog over juridische, sociale, ethische en policy aspecten van Kunstmatige Intelligentie, Quantum Computing, Sensing & Communication, Augmented Reality en Robotica, Big Data Wetgeving en Machine Learning Regelgeving. Kennisartikelen inzake de EU AI Act, de Data Governance Act, cloud computing, algoritmes, privacy, virtual reality, blockchain, robotlaw, smart contracts, informatierecht, ICT contracten, online platforms, apps en tools. Europese regels, auteursrecht, chipsrecht, databankrechten en juridische diensten AI recht.

Berichten met de tag Governance
Mauritz Kop Consults UNESCO and OECD on Ethics and Quantum Technology Policy

Paris, January 9, 2025— As quantum technologies advance at a rapid pace, global institutions are turning to leading experts to help shape the ethical and policy frameworks that will govern this transformative era. Mauritz Kop, a prominent scholar in the field of quantum law and governance Founding Director of the Stanford Center for Responsible Quantum Technology, has been actively consulting with two of the world's foremost international bodies: the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Organisation for Economic Co-operation and Development (OECD). His contributions are helping to build a global consensus on the responsible development and deployment of quantum technologies.

Expert Opinions for UNESCO and its World Commission on the Ethics of Scientific Knowledge and Technology (COMEST)

UNESCO, through its World Commission on the Ethics of Scientific Knowledge and Technology (COMEST), is at the forefront of establishing global ethical norms for emerging technologies. COMEST is an advisory body composed of leading international scholars tasked with formulating ethical principles to guide decision-makers beyond purely economic considerations.

Recognizing his expertise, COMEST invited Mauritz Kop to an exclusive Expert Hearing on May 13, 2024. This session was convened to gather insights for the Commission's forthcoming landmark report on the "Ethics of the Research, Development and Deployment of Quantum Computing Technologies." Together with three other experts who each presented different perspectives, Kop was asked to present his research on Responsible Quantum Technology, quantum-ELSPI (Ethical, Legal, Societal, and Policy Implications), and bespoke governance frameworks for Quantum Information Science (QIS). His scholarship - often co-authored with RQT Fellows such as Mateo Aboy, Eline de Jong, Mark Brongersma, and Raymond Laflamme, provides the Commission with state-of-the-art analysis of the ethical and governance challenges, helping to enrich the foundation of their upcoming report.

Stanford Law’s Mauritz Kop Provides Recommendations on UNESCO Preliminary Draft: 'Ethics of Quantum Computing'

Following the request to participate in the expert hearing, Stanford Law’s Mauritz Kop was formally invited to provide written recommendations on the "Preliminary Draft Report on the Ethics of Quantum Computing" on January 9, 2025. This invitation underscores the value of his contributions to the Commission's work. While the draft itself remains confidential, its direction can be understood through its public predecessor, the "Concept note of the World Commission on the Ethics of Scientific Knowledge and Technology (COMEST) on the ethics of quantum computing," published on July 24, 2024.

The concept note lays out a comprehensive vision for the ethical governance of quantum computing. It correctly asserts that while quantum technology is still in its early stages, the time to establish ethical guardrails is now, learning from the reactive approach taken with other technologies like social media. The note emphasizes that quantum technology is not neutral; its development and use have profound social and political impacts.

Mauritz Kop Invited by OECD to Speak on Global Policy and National Strategies for Responsible Quantum Technology Development

In addition to his work with UNESCO, Mauritz Kop was invited by the OECD to contribute his expertise to its Global Forum on Technology (GFTech) event, "Future in flux? Global policy issues and national strategies for responsible quantum technology development," held in November 2023. The event was originally scheduled to take place in Tel Aviv, Israel, but was moved to a virtual format due to regional unrest.

Looking Ahead: The International Year of Quantum Science and Technology 2025

The work of UNESCO and the OECD is particularly timely, as the United Nations has officially declared 2025 the International Year of Quantum Science and Technology (IYQ 2025). This global initiative, led by UNESCO, marks the 100th anniversary of the development of modern quantum mechanics and aims to raise global awareness of the importance of quantum science and its applications.

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Hoover Institution Invites Mauritz Kop to Speak on Quantum, Democracy and Authoriarianism

Professor Mauritz Kop Addresses Quantum Technology's Role in the Era of Digital Repression at Hoover Institution Workshop

Palo Alto, CA – April 22, 2024 – Professor Mauritz Kop, Founding Director of the Stanford Center for Responsible Quantum Technology (RQT), delivered insightful opening remarks at a breakout session on Quantum Technology as part of the two-day closed door workshop, "Getting Ahead of Digital Repression: Authoritarian Innovation and Democratic Response." The workshop, held on April 22-23, 2024, at Hoover Institution, Stanford University, was a collaborative effort by the National Endowment for Democracy’s International Forum for Democratic Studies, Stanford University’s Global Digital Policy Incubator, and the Hoover Institution’s China’s Global Sharp Power Project.

The event convened leading researchers and advocates to map how digital authoritarians are innovating globally and to identify new strategies for ongoing knowledge-sharing and cooperation to confront this deepening challenge. The agenda focused on understanding how autocrats leverage emerging technologies—from AI and digital currencies to quantum technology—for social control, censorship, and to export their governance models.

Guardrails Against Digital Authoritarianism

Professor Kop's address served as a crucial discussion starter for the breakout session, which aimed to brainstorm how advances in quantum technology might alter the dynamics of the struggle against digital authoritarianism and to explore potential guardrails. His remarks underscored the profound societal impact of quantum technologies and the imperative for proactive, principles-based governance to ensure they are developed and deployed responsibly, safeguarding human rights and democratic values on a global scale.

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IOP Quantum Science and Technology publishes Ten Principles for Responsible Quantum Innovation

Stanford, April 22, 2024—The leading peer-reviewed journal Quantum Science and Technology has published the open-access article, "Ten Principles for Responsible Quantum Innovation," a significant paper that offers actionable guidance for the ethical development of quantum technologies. The publication is the result of a two-year, deeply interdisciplinary study by a transatlantic group of leading scholars and represents a major step forward in operationalizing a framework for responsible quantum innovation.

This work builds upon the foundational research of the group, including the "Towards Responsible Quantum Technology" paper published by the Harvard Berkman Klein Center, and will be central to the mission of the Stanford Center for Responsible Quantum Technology.

A Global, Interdisciplinary Collaboration

The paper is a testament to the power of global, interdisciplinary collaboration. Authored by a spectacular team of leading lights in law, philosophy & ethics, socioeconomics, data science, quantum physics, materials science & engineering, and innovation policy, the study brings together a wealth of expertise from the world's most prestigious academic institutions.

The author group, led by Mauritz Kop of Stanford University, includes Mateo Aboy (University of Cambridge), Eline De Jong (University of Amsterdam), Urs Gasser (Technical University of Munich), Timo Minssen (University of Copenhagen), I. Glenn Cohen (Harvard University), Mark Brongersma (Stanford University), Teresa Quintel (Maastricht University), Luciano Floridi (University of Oxford and Yale University), and Raymond Laflamme (University of Waterloo). This formidable team provides a holistic and robust foundation for the quantum governance principles outlined in the paper.

A Framework for Responsible Quantum Innovation

The paper's central contribution is a set of ten guiding principles designed to operationalize a framework for Responsible Quantum Technology (RQT). This framework seeks to integrate considerations of the Ethical, Legal, Social, and Policy Implications (ELSPI) of quantum technologies directly into the research and development lifecycle, while also responding to the core dimensions of Responsible Research and Innovation (RRI): anticipation, inclusion, reflection, and responsiveness.

The principles are organized into three functional categories, termed the SEA framework, which provides a methodological guide for the quantum community:

  • Safeguarding: This pillar focuses on the proactive identification and mitigation of risks associated with quantum technologies.

  • Engaging: This principle emphasizes the critical need for inclusive and continuous dialogue among all stakeholders, from researchers and industry to policymakers and the public.

  • Advancing: This pillar is dedicated to ensuring that quantum technology is actively steered towards desirable societal outcomes and contributes to addressing the world's most pressing challenges.

The Ten Principles for Responsible Quantum Innovation

The Ten Principles paper proposes the following ten actionable principles to help address the risks, challenges, and opportunities associated with the entire suite of second-generation quantum technologies:

  1. Information Security: Make information security an integral part of QT, proactively addressing security threats, including the risk quantum computers pose to current encryption standards.

  2. Dual Use: Proactively anticipate the malicious use of quantum applications by addressing the risks of dual-use technologies that can be employed for both beneficial and harmful purposes.

  3. Quantum Race: Seek international collaboration based on shared values to address the winner-takes-all dynamics of a potential quantum arms race.

  4. Quantum Gap: Consider our planet as the sociotechnical environment in which QT should function, engaging states to ensure equitable access and prevent a "quantum divide."

  5. Intellectual Property: Incentivize innovation while being as open as possible and as closed as necessary, engaging institutions to find the right balance between protecting intellectual property and fostering an open research environment.

  6. Inclusion: Pursue diverse R&D communities in terms of disciplines and people, engaging a wide range of voices to ensure a holistic approach to innovation.

  7. Societal Relevance: Link quantum R&D explicitly to desirable societal goals, advancing society by focusing on applications that address pressing needs.

  8. Complementary Innovation: Actively stimulate sustainable, cross-disciplinary innovation, advancing technology by exploring synergies with other fields like AI and biotechnology.

  9. Responsibility: Create an ecosystem to learn about the possible uses and consequences of QT applications, advancing our understanding of Responsible QT through continuous feedback and assessment.

  10. Education and Dialogue: Facilitate dialogues with stakeholders to better envision possible quantum futures, advancing our collective thinking and education about QT and its impact.

A Catalyst for a Values-Based Quantum Future

The overarching objective of this interdisciplinary effort is to steer the development and use of quantum technology in a direction that is not only consistent with a values-based society but also actively contributes to solving its most significant challenges. The "Ten Principles for Responsible Quantum Innovation" provides a crucial foundation for this work.

The paper is a call to action for the entire quantum community—researchers, industry leaders, policymakers, and the public—to engage in the vital work of building a responsible quantum ecosystem. As the authors conclude, the goal is to develop and operationalize these guiding principles into the best practices and real-world applications that will define the quantum future. The annual Stanford RQT Conference, among other initiatives, will continue to provide a forum for these critical, interdisciplinary discussions.

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Nature Physics publishes A Call for Responsible Quantum Technology by Urs Gasser, Eline De Jong and Mauritz Kop

The leading journal Nature Physics has published "A Call for Responsible Quantum Technology," a significant Comment piece authored by a transatlantic team of scholars: Urs Gasser, Eline De Jong, and Mauritz Kop. Published on April 9, 2024, the article serves as a manifesto of the Stanford Center for Responsible Quantum Technology (RQT). It presents a compelling argument for proactively establishing ethical and societal guardrails for quantum technology (QT) while the field is still in its formative stages.

Citation: Gasser, U., De Jong, E. & Kop, M. A call for responsible quantum technology. Nat. Phys. 20, 525–527 (2024). https://doi.org/10.1038/s41567-024-02462-8

This foundational work builds upon the Stanford Center for RQT's prior scholarship, including the foundational paper "Towards Responsible Quantum Technology" published at Harvard and the University of California, and the "10 Principles for Responsible Quantum Innovation" published at IOP Science & Technology. All three authors are members of the Stanford RQT Center, which is founded and directed by Kop, who also served as the senior and corresponding author on the Nature publication. The article crystallizes the Center's crucial mission: to guide the development of quantum technologies in a direction that is safe, ethical, and beneficial for humanity and the planet.

Watch Urs Gasser and Eline De Jong present their Nature publication at the Stanford Responsible Quantum Technology Conference here: https://youtu.be/2vA9fID-7SA?si=MV67C9jN34UlsmuW&t=1279

The Core Argument: A Proactive Stance on Quantum Governance

The central thesis of "A Call for Responsible Quantum Technology" is both clear and urgent: the time to consider and implement governance frameworks for QT is now. The authors draw a crucial lesson from the history of other powerful innovations, such as nuclear fission and artificial intelligence (AI), where ethical, legal, and social considerations were often addressed reactively, "once the genie is already out of the bottle." Given the potentially transformative and disruptive power of quantum, the article argues that repeating this mistake is not an option.

A Framework for Responsible Quantum Innovation

To navigate this complex landscape, the authors propose a comprehensive framework for Responsible Quantum Technology. This is not a call for premature, heavy-handed legislation but for a systematic approach to anticipate and manage the ethical, legal, social, and policy implications (ELSPI) throughout the entire QT lifecycle.

The framework is designed to be operationalized through a set of quantum-specific guiding principles, which the authors organize into three functional categories, known as the SEA principles:

  • Safeguarding: Principles focused on mitigating downside risks, requiring that issues like information security and malicious dual-use scenarios are considered from the outset of research and development.

  • Engaging: Principles designed to foster robust interaction between innovators and diverse stakeholders to address complex issues like intellectual property, market competition, and equitable access.

  • Advancing: Principles that prioritize and incentivize the development of QT applications that serve desirable societal goals and the common good.

This layered approach, spanning technical, ethical, and socio-legal considerations, provides a navigational aid for researchers, funders, policymakers, and industry leaders, offering both an "issue spotter" to identify potential challenges and a "compass" to guide the technology's trajectory.

The Authors of the Nature Publication on Responsible Quantum Technology

The Nature article is a product of deep interdisciplinary expertise, authored by three leading figures at the Stanford Center for Responsible Quantum Technology:

Urs Gasser is a distinguished Professor at the Technical University of Munich (TUM), where he is Dean of the TUM School of Social Sciences and Technology. A Fellow at the Stanford RQT Center, he was previously the Executive Director of the Berkman Klein Center for Internet & Society at Harvard University. His research focuses on the societal and regulatory implications of emerging technologies, bringing a wealth of experience in technology law and policy.

Eline De Jong is a Dutch philosopher and ethicist serving as a Fellow at the Stanford RQT Center. She is currently a PhD candidate at the University of Amsterdam, specializing in the philosophy and ethics of quantum technology. Her background includes advising the Netherlands Scientific Council for Government Policy on the societal impact of AI, providing a deep understanding of the co-evolution of technology and society.

Mauritz Kop, the Founding Director of the Stanford RQT Center and the article's senior and corresponding author, is a tech lawyer, policy advisor, and academic whose work focuses on creating sui generis governance frameworks for exponential technologies like AI and quantum. His scholarship, published by leading institutions globally, aims to integrate risk management, regulatory compliance, and safety standards directly into the innovation process.

This collaboration between legal, policy, and ethics scholars underscores the article's central message: ensuring a responsible quantum future requires a concerted, interdisciplinary, and international effort. As the manifesto for the Stanford Center for RQT, Nature’s "A Call for Responsible Quantum Technology" is a foundational text, setting a clear and principled agenda for the global quantum community.

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Mauritz Kop Fellow at Inter-CeBIL Harvard Cambridge Copenhagen

Harvard-Cambridge-Copenhagen, Sept 15, 2023 — Mauritz Kop has accepted a position as an Inter-CeBIL Fellow at the prestigious Novo Nordisk Foundation Copenhagen-Cambridge-Harvard Inter-CeBIL Programme for International Collaborative Bioscience Innovation & Law. In this role, Kop will focus his research on Advanced Medical Computing, Artificial Intelligence (AI) and Quantum Technologies within the life sciences ecosystem.

About the Inter-CeBIL Programme

The Inter-CeBIL Programme is a world-leading research hub dedicated to identifying and tackling the most significant legal and regulatory barriers to health and life science innovation. The initiative fosters robust knowledge networks to provide tailored legal and regulatory support to patients, researchers, businesses, and incubators, with the ultimate goal of ensuring that health and life science innovations can safely and effectively reach patients and markets.

This international collaboration brings together top-tier academic institutions to drive progress in healthcare and biotechnology. The program is a joint effort between the Centre for Advanced Studies in Bioscience Innovation Law (CeBIL) at the University of Copenhagen, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, and the University of Cambridge, among other key partners. The program is led by a distinguished team, including Professor Timo Minssen as the Founding Director of CeBIL at the University of Copenhagen, Professor I. Glenn Cohen who leads Harvard Law School’s contribution, and Professor Mateo Aboy who leads the Cambridge part.

Key Research Areas

The Inter-CeBIL Programme centers its research on three key "grand challenges":

1. Advanced Medical Computing: Focusing on Artificial Intelligence (AI) and Quantum Technologies (QT).

2. Pandemic Preparedness & Anti-Microbial Resistance (AMR).

3. Sustainable Innovation & Biosolutions: Encompassing eco-systems, drug R&D, drug regulation, and data infrastructures.

Focus on Key Area 1: Advanced Medical Computing, AI & Quantum Technology

This key research area addresses the increasingly critical role of advanced computing in the life sciences and medical sectors. Algorithms are becoming fundamental building blocks in a wide range of medical devices, digital health technologies (DHTs), and drug discovery tools (DDTs). The use of advanced computing, including AI/ML and quantum computing (QC), holds immense potential benefits for the life sciences, drug discovery, and medical sectors. These advancements also raise significant legal, ethical, governance, and regulatory issues that the program aims to address.

In his capacity as an Inter-CeBIL Fellow, Mauritz Kop will contribute his deep expertise in quantum-AI, its governance, and its legal-ethical implications to this key research area, helping to navigate the complex challenges and opportunities presented by these cutting-edge technologies.

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Quantum Technology Impact Assessment (EU AI Alliance, European Commission)

Brussels, 20 April 2023—The emergence of powerful new capabilities in large AI models, such as Generative Adversarial Networks (GANs), underscores the critical need to continuously improve and update technology impact assessment tools, ensuring they keep pace with rapid technological development. As defined in recent scholarship, technology impact assessment is the systematic process of monitoring and determining the unintended, indirect, or delayed societal impacts of a future technological innovation. Crucially, it is also about capitalizing on opportunities and enabling responsible innovation from the outset.

An article by Stanford Law’s Mauritz Kop on this topic is also featured on the European Commission's Futurium website.

Shaping the Quantum Innovation Process

Quantum Impact Assessments (QIAs) are emerging as vital practical tools to facilitate the responsible adoption of quantum technologies. There are several related approaches to this assessment: (1) interactive QIA, which seeks to influence and shape the innovation process; (2) constructive QIA, where social issues guide the design of the technology from its earliest stages; and (3) real-time QIA, which connects scientific R&D with social sciences and policy from the start, before a technology becomes locked-in.

Often taking the form of codes of conduct, best practices, roadmaps, and physics de-risking tools, QIA instruments can be used by governments, industry, and academia. These soft law toolsallow stakeholders to explore how current technological developments affect the world we live in and to proactively shape the innovation process toward beneficial, societally robust outcomes.

Exploratory Quantum Technology Assessment

Implementing interdisciplinary, expert-based QIAs can help raise awareness about the ethical, legal, socio-economic, and policy (ELSPI) dimensions of quantum technology, including quantum-classical hybrid systems. For instance, QIAs cultivate a deeper understanding of the potential dual-use character of quantum technology, where beneficial applications (such as quantum sensing for medical diagnostics) can exist alongside potentially harmful ones (such as the same sensors being used for autocratic surveillance).

Building on the foundational work of the 2018 AI Impact Assessment developed by ECP | Platform voor de InformatieSamenleving chaired by Prof. Kees Stuurman, this work presents a prototype of a QIA instrument: the Exploratory Quantum Technology Assessment (EQTA). This pioneering initiative was made possible through a collaboration between the Dutch Ministry of Economic Affairs & Climate Policy, Quantum Delta NL (QDNL), and ECP. The EQTA will be presented by Eline de Jong and Mauritz Kop at the inaugural Stanford Responsible Quantum Technology Conference in May 2023.

Guidance for Responsible Quantum Technology Implementation

The EQTA provides a comprehensive, practical step-by-step plan that encourages stakeholders to initiate a dialogue to clarify which ethical, legal, and social aspects are important in the creation and application of quantum systems and their interaction with classical technologies. This structured approach helps make the use of quantum technology—as well as the data and algorithms that power it—more transparent and accountable from an early stage.

Looking forward, establishing a risk-based legal-ethical framework in combination with standardization, certification, technology impact assessment, and life-cycle auditing of quantum-driven systems is crucial to stewarding society towards responsible quantum innovation. Mauritz Kop’s research group has written more on this framework in their seminal article Towards Responsible Quantum Technology (Harvard).

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Mauritz Kop joins Expert Panel on Quantum Technologies of the Council of Canadian Academies (CCA)

Mauritz Kop joins the multidisciplinary Expert Panel on Quantum Technologies of the Council of Canadian Academies (CCA) over 2022-2023, chaired by Professor Raymond Laflamme. In November 2023, The Expert Panel on the Responsible Adoption of Quantum Technologies published their final report titled Quantum Potential. https://cca-reports.ca/reports/quantum-technologies/

The Council of Canadian Academies (CCA) Investigates Future Impact of Quantum Technologies

As Chair, Dr. Raymond Laflamme will lead a multidisciplinary group with expertise in quantum technologies, economics, innovation, ethics, and legal and regulatory frameworks. The Panel will answer the following question:

In light of current trends affecting the evolution of quantum technologies, what opportunities and challenges do these present in Canada?

The Quantum Potential Report

Quantum technologies are poised to play a major role in Canada’s future, from its national security to its economic standing. While Canada is among the global leaders in quantum research, it nevertheless faces challenges in the adoption of these technologies as they approach market readiness. Quantum Potential, a new expert panel report from the Council of Canadian Academies (CCA), outlines a responsible approach to quantum-technology adoption — a critical step toward ensuring Canada’s global competitiveness in the decades ahead.

Quantum Computing, Sensing, and Communications

Quantum Potential considers quantum computing, sensing, and communications, three categories of quantum technology at varying levels of maturity. While these technologies may strengthen digital infrastructure, improve data security, and optimize processes across a range of economic sectors, they also pose significant risks, such as misuse by malicious actors. Risks associated with quantum technologies span ethical, legal, social, and policy realms; without sufficient consideration, they may compromise public trust in quantum technologies, limit research funding, and stifle innovation.

The Commercialization Potential of Quantum Technologies in Canada

Quantum Potential explores the commercialization potential of quantum technologies, articulates Canada’s position within the global quantum value chain, and examines those conditions and policy levers that might promote their responsible adoption. https://cca-reports.ca/reports/quantum-technologies/

Quantum technologies offer opportunities to harness the properties of quantum mechanics for a breadth of applications, many of them novel. Though many quantum technologies are several years away from reaching market, it is believed that they have the potential to revolutionize many industries as they reach widespread commercial availability. Domestic industries will need to adopt these technologies if they wish to remain globally competitive, as will governments hoping to ensure national and economic security, public safety, and the integrity of critical infrastructure. To date, Canada has made noteworthy investments in the research and development of quantum technologies but has focused less on mechanisms to stimulate their diffusion and adoption.

Ethical, Legal, Social, and Policy Implications (Quantum-ELSPI)

The adoption of quantum technologies also carries significant ethical, legal, social, and policy implications. These include potential threats to data security and digital infrastructure, anticompetitive pressures by market-dominant firms, mass surveillance and privacy loss, regulatory uncertainty, inequitable access to technology, and social challenges related to employment and public trust in science. However, there are many strategies that could help address these challenges and stimulate the responsible adoption of quantum technologies. These include public-private co-operation, pro-competition oversight and policies, industry-led initiatives, and the creation of a diverse quantum workforce. In order to maximize the benefits of quantum technologies while mitigating potential risks, responsible approaches to adoption should use state-sanctioned and self-regulating measures – including quantum impact assessments, soft-law mechanisms, and consultations with stakeholders – to anticipate the effects of technological change.

Thanks to the sponsors National Research Council Canada and Innovation; Science and Economic Development Canada for facilitating this Report.

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De Wet op de Artificiële Intelligentie

Een bewerkte versie van deze bijdrage is gepubliceerd op platform VerderDenken.nl van het Centrum voor Postacademisch Juridisch Onderwijs (CPO) van de Radboud Universiteit Nijmegen. https://www.ru.nl/cpo/verderdenken/columns/wet-artificiele-intelligentie-belangrijkste-punten/

Nieuwe regels voor AI gedreven producten, diensten en systemen

Op 21 april 2021 presenteerde de Europese Commissie haar langverwachte Wet op de Artificiële Intelligentie (AI). Deze concept Verordening geeft regels voor de ontwikkeling, commodificatie en gebruik van AI gedreven producten, diensten en systemen binnen het territorium van de Europese Unie. Het was bemoedigend te zien dat het team van President Ursula von der Leyen een belangrijk aantal van onze strategische aanbevelingen op het gebied van de regulering van AI heeft overgenomen, danwel zelfstandig tot dezelfde conclusies is gekomen.

Doelstellingen wettelijk kader voor AI

De concept Verordening biedt horizontale overkoepelende kernregels voor kunstmatige intelligentie die op alle industrieën (verticals) van toepassing zijn. De wet beoogt de hoge maatstaven van het EU Trustworthy AI paradigma te codificeren, dat voorschrijft dat AI wettig, ethisch en technisch robuust dient te zijn en daartoe 7 vereisten hanteert.

De Wet op de Artificiële Intelligentie heeft de volgende 4 doelstellingen:

1. ervoor zorgen dat AI-systemen die in de Unie in de handel worden gebracht en gebruikt, veilig zijn en de bestaande wetgeving inzake grondrechten en waarden van de Unie eerbiedigen;

2. rechtszekerheid garanderen om investeringen en innovatie in AI te vergemakkelijken;

3. het beheer en de doeltreffende handhaving van de bestaande wetgeving inzake grondrechten en veiligheidsvoorschriften die van toepassing zijn op AI-systemen, verbeteren;

4. de ontwikkeling van een eengemaakte markt voor wettige, veilige en betrouwbare AI-toepassingen vergemakkelijken en marktversnippering voorkomen.“

Risico gebaseerde aanpak kunstmatig intelligente applicaties

Om deze doelstellingen te realiseren combineert de concept Artificial Intelligence Act een risk-based approach op basis van de pyramid of criticality, met een modern, gelaagd handhavingsmechanisme. Dit houdt onder meer in dat er voor AI applicaties met een verwaarloosbaar risico een licht wettelijk regime geldt, en onacceptabel risico applicaties verboden worden. Tussen deze 2 uitersten gelden er naarmate het risico toeneemt strengere voorschriften. Deze variëren van vrijblijvende zelfregulerende soft law impact assessments met gedragscodes, tot zwaar, multidisciplinair extern geauditeerde compliance vereisten inzake kwaliteit, veiligheid en transparantie inclusief risicobeheer, monitoring, certificering, benchmarking, validatie, documentatieplicht en markttoezicht gedurende de levenscyclus van de toepassing.

Handhaving en governance

De definitie van hoog risico AI applicaties binnen de diverse industriële sectoren is nog niet in steen gehouwen. Een ondubbelzinnige risicotaxonomie zal bijdragen aan rechtszekerheid en biedt belanghebbenden een adequaat antwoord op vragen over aansprakelijkheid en verzekering. Om ruimte voor innovatie door SME’s waaronder tech-startups te waarborgen, worden er flexibele AI regulatory sandboxes geïntroduceerd en is er IP Action Plan opgesteld voor intellectueel eigendom. De concept Verordening voorziet tenslotte in de installatie van een nieuwe handhavende instantie op Unieniveau: het European Artificial Intelligence Board. De EAIB zal op lidstaatniveau worden geflankeerd door nationale toezichthouders.

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