Despite OpenAI CEO Sam Altman's public advocacy for global AI regulation, OpenAI has argued that GPT-4 should not be designated as “high risk.”
The Act introduces a sophisticated ‘product safety framework’ constructed around a set of 4 risk categories, imposing strict requirements for market entrance and certification of High-Risk AI Systems through a mandatory"Conformité Européenne" procedure. The CE certification indicates that the manufacturer takes responsibility for the compliance of a product marketed within the EU.
“It's very difficult to put the responsibility on companies using AI tools that are based on foundation models, and then tell them, well, you need to get rid of the bias,” said Geese. “I mean, how are they supposed to do that if it's in the foundation?" The draft AI Act proposes, however, that the provider of a foundation model must take reasonable steps to mitigate the risks of bias or copyright infringement. This means that the provider of a foundation model would not be liable if they took all reasonable steps to mitigate the risks, but the harm still occurred.
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