- What are the main risks of artificial intelligence without proper regulation? Which sectors can be impacted?
The absence of a proper regulation for artificial intelligence exposes society to substantial, intricate risks. The crux of the problem lies in the “black box” nature of advanced artificial intelligence systems, given that the opacity in their decision-making process and its adjacent logic not only confuses users but also challenges the understanding of the developers themselves. This lack of transparency can trigger a range of negative consequences, from biased decisions and unintentional algorithmic discrimination to large-scale privacy violations. Critical sectors such as health, finance, public safety, and education become especially vulnerable, where algorithmic errors (biases and discriminatory decisions, for instance) can have serious and lasting repercussions.
- Do you have historical or topical examples that illustrate the dangers of unregulated technological innovations?
The current digital background contains compelling examples of the dangers of technological innovations without appropriate regulation. Social platforms and media, initially celebrated as global connection tools, swiftly became the epicenters of fake news, democratic tensions, and privacy risks. However, in the case of artificial intelligence, some experts go further, comparing its impact to the development of nuclear power or environmental challenges such as climate change, highlighting the crucial need for a cautious and well-founded approach to its regulation. Therefore, regulation needs to be established in this case, but first a broad discussion and a mature and appropriate technical text should be developed, since it is a technology with wide potential, both for the benefits and for the risks. This regulatory drafting process should balance the promotion of innovation with the effective and efficient protection of fundamental rights and social values.
- Which are the priorities that should be met in Brazilian regulation?
The risk-based approach is critical, ranking artificial intelligence applications according to their potential impact, and applying proportionate levels of regulatory oversight. A robust regulatory framework should be established to ensure transparency, explainability, and accountability of artificial intelligence systems. In addition, effective enforcement mechanisms should be implemented, and the legal responsibilities of developers and users clearly defined. Likewise, fostering ethical research and development in artificial intelligence is imperative, as well as establishing guidelines for its use in the public sector, while promoting society’s education and awareness of these technologies, the so-called digital literacy of society.
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*Edson Pontes Pinto, partner of Ernesto Borges Advogados. University Professor (Faculdade Católica de Rondônia). PhD in Legal Science (University of Granada). PhD in Law (PUC/RS). Master of Laws (PUC/SP). General Officer of ESA/RO (OAB/RO).
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