AI Regulation: US Draft AI Act Emerges as UK Government U-Turns
Tennessee senator Marsha Blackburn has emerged as a key figure in the ongoing discussions surrounding AI regulation in the United States. Her latest piece of legislation, titled The Republic Unifying Meritocratic Performance Advancing Machine Intelligence by Eliminating Regulatory Interstate Chaos Across American Industry Act, aims to create a cohesive federal framework for regulating AI.
This draft legislation is designed to unify various regulatory aspects, particularly in connection with child protection, privacy, and deepfakes. A significant point of interest for the music industry is the provision stating that an AI model’s unauthorized reproduction of copyrighted works for training purposes does not qualify as fair use under the Copyright Act. This marks a critical shift in how copyrighted materials can be utilized in AI development.
Additionally, the act proposes transparency measures for rightsholders, allowing them to seek accountability from platforms that host unauthorized digital replicas if the platforms are aware of the unauthorized status.
Controversial Aspects of the Legislation
While some aspects will be welcomed by the music industry, others may stir controversy. The act suggests that AIs exhibit a bias against conservative figures and addresses issues of “woke AI” within the federal government. A particularly contentious point is the mention of “sunsetting Section 230,” a law that currently protects digital platforms from liability for user-generated content. This provision is likely to provoke a robust debate in Congress.
Senator Blackburn has characterized the act as “the solution America needs.” The response from Congress remains to be seen.
UK Government’s Change of Heart on AI Training Regulation
Across the Atlantic, the UK government has made headlines by reversing its plans to regulate AI training. Initially, ministers proposed a ‘text and data mining exception’ that would allow AI firms to train models on copyrighted material unless rightsholders opted out. This proposal faced backlash from both the creative industries, which viewed it as a threat to their rights, and AI companies, which considered it too restrictive.
As a result of widespread dissatisfaction, the government decided to shelve the proposal. A new report acknowledges that the suggestion was “rejected by most respondents to the consultation.” The report emphasizes the need for reforms that ensure right holders are fairly compensated for their work while also allowing AI developers access to quality content.
Industry Reactions
The news has been met with enthusiasm from music-industry bodies. Tom Kiehl, the head of UK Music, expressed support for the government’s decision to “push the reset button” on the debate surrounding AI and copyright. This opens the door for more nuanced discussions about key topics such as digital replicas, transparency, and the rights of independent creatives.
However, AI companies that found the previous opt-out model restrictive will also seek to engage in detailed discussions with the government, as ministers strive to balance the interests of both the creative and technology sectors.
