Is Built-in AI Regulation the Wave of the Future?

🌈 Abstract

The article discusses the concept of "Regulation by Design" for AI systems, where regulatory objectives are embedded directly into the technical design of AI systems. This approach aims to proactively prevent failures and risks associated with AI, in contrast to ex-ante and ex-post regulatory approaches.

🙋 Q&A

[01] Regulation by Design

1. What is the key idea behind Regulation by Design for AI systems? The key idea is to embed regulatory objectives directly into the technical design of AI systems, rather than relying solely on ex-ante or ex-post regulation. This allows the AI system to monitor its own use, identify high-risk situations, alert developers and overseers, and ensure compliance with regulatory and ethical objectives.

2. How does Regulation by Design differ from ex-ante and ex-post regulation approaches?

• Ex-ante regulation: Assesses the risks of an AI system and identifies methods to manage those risks before the system reaches the market (e.g., the EU's AI Act).
• Ex-post regulation: Allows the entry of an AI system onto the market largely unregulated, but holds providers liable if harms arise (e.g., liability regimes in the US).
• Regulation by Design: Embeds regulatory objectives directly into the technical design specifications of the AI system from the outset.

3. What are the three key conditions necessary for effective Regulation by Design of AI systems?

1. Measurable and auditable regulatory objectives
2. Ability to monitor and control the AI system's behavior
3. Alignment of incentives between regulators and system designers/operators

[02] Examples of Regulation by Design

1. What are the three concrete examples of Regulation by Design cited in the article? The article does not provide specific examples of Regulation by Design applications. It states that the author, Robert Mahari, cited three concrete applications in his keynote, but the details of these examples are not included in the text.

2. How does the article explain the concept of Regulation by Design using the example of self-driving cars? Under a Regulation by Design approach, the car manufacturer would be required to integrate regulatory objectives (e.g., minimizing accidents, avoiding congestion, reducing emissions) directly into the design of the self-driving system. This leverages the ability of AI systems to optimize their performance within a set of constraints, making important regulatory objectives part of the design process from the start.

3. What is the example given in the article of Regulation by Design being implemented for privacy? The article cites the EU's General Data Protection Regulation (GDPR) as an early example of integrating regulatory objectives (in this case, privacy) into the design of technical systems. GDPR requires the implementation of measures to ensure that only the personal data necessary for each specific purpose is processed, which can be quantified and audited.