Draft:Areas of regulation for Artificial Intelligence

The creation of different areas of regulation for Artificial Intelligence is necessary due to the recent increase of scientific development within the field, where its daily use has increased over the years and has exacerbated the need for regulation on a national and international level, in order to protect the social welfare and individual rights granted by constitutions and fundamental human rights, as well as its implication in other branches of law.

Data protection and artificial intelligence.
Due to the increasing development of AI and the imminent fourth industrial revolution that will be driven by new technologies such as AI, the European Commission created a plan for the Internal Market which sets out goals to be reached for the benefit of society, the economy and the planet, which were assigned to Commissioner-designate Sylvie Goulard, who was in charge of the internal market, which reads:"'Your mission for the next five years is to establish the right framework to enable Europe's transition to digital media, while ensuring that values are respected, as well as new technologies are developed. '"

The sections that follow specify the contribution to the improvement of Europe's technological sovereignty, with new standards being defined by the development and implementation of new technologies, such as certifications being required in cybersecurity and the implementation of new rules and strategies to protect the European Union. In the second section it is consigned:"'As part of this, you will lead a coordinated European approach on Artificial Intelligence and on the law of the new Digital Services'."

The need for these measures arises from events in the past related to the use of algorithms used in the public, be it for commercial purposes or even the choice of candidates for higher education. However, they are still algorithms on the verge of being AI, thus leading to changes in the laws of some countries, such as France, pertaining to their use.

Thus arises the need to protect data (macro-data), as this is what AI systems collect for their use and functionality, as well as the creation of their respective laws at national and international level.

Intellectual property and artificial intelligence.
Consequently, new AIs are created that are potentially capable of creating copyrightable material, registrable designs and even patentable inventions, such as Dall-E, Google AI, Nvidia's DLSS 3, that use AI to create and solve problems. We can easily find the implications of this potential in marketing, as an abstract entity cannot have intellectual property rights,

This has caused the World Intellectual Property Organization to make a proposal to the Regulation of the European Parliament and of the Council, where the title is:"'LAYING DOWN HARMONISED RULES ON ARTIFICIAL INTELLIGENCE (ARTIFICIAL INTELLIGENCE ACT) AND AMENDING CERTAIN UNION LEGISLATIVE ACTS'." This proposal helps us understand what is to be achieved with these laws and what they consist of for their application in the EU, where in the following section we can see the definitions of:"'‘artificial intelligence system’ (AI system) means software that is developed with one or more of the techniques and approaches listed in Annex I and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with;'""''‘user’ means any natural or legal person, public authority, agency or other body using an AI system under its authority, except where the AI system is used in the course of a personal non-professional activity;'""'‘operator’ means the provider, the user, the authorised representative, the importer and the distributor;'"

Focusing on Transparency Obligations for certain AI systems:"'Users of an AI system that generates or manipulates image, audio or video content that appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful (‘deep fake’), shall disclose that the content has been artificially generated or manipulated.'"This helps complement what we will see in the future for the regulation of AI in the field of intellectual property.