The new AI regulation will influence the future of data collection for companies.
Artificial intelligence is a recent tool, but the question arises about how it will be regulated.
The recent explosion in the use of artificial intelligence (AI) has driven an effort to create regulatory frameworks for its governance. This phenomenon has arisen as a natural response to the acknowledgment that the advancement of AI poses challenges in areas such as privacy and data protection, bias and discrimination, security, intellectual property, and other legal and ethical aspects that require attention.
Significant regulations have already been implemented in different regions. In 2021, China began regulating the use of certain AI models. On the other hand, the EU AI Act has come into force and is expected to be fully operational by 2026. Other jurisdictions are also developing their own measures to regulate the AI ecosystem.
One of the standout features in the European Union is the speed with which it has established a uniform regulation to govern the use of AI compared to other major jurisdictions, such as China and the United States, which opt for different approaches. China has adopted a gradual regulation, starting in 2021 with regulations on recommendation algorithms used in digital advertising. This was followed by regulations on deep synthesis models, commonly known as deepfakes, in 2022, and in 2023, regulations for generative models that gained popularity in the commercial space were proposed.
In the case of the United States, no federal regulations on AI have yet been enacted, although there are initiatives at the state level, such as the California AI Act. However, the effective implementation of these guidelines could be delayed, facing numerous legislative hurdles.
The debate over AI regulation includes concerns about how stricter regulations could raise compliance costs for companies in the sector, potentially stifling innovation and competitiveness. However, it is also argued that such regulations are essential to protect consumers and ensure adherence to ethical standards. Companies are expressing resistance, and there are controversies surrounding specific bills, such as the one in California. Despite the opposition, the EU AI Act was implemented, raising questions about whether the delays in the U.S. are solely due to lobbying or if other factors are at play, considering that some still view AI as a future problem, not recognizing its current legal relevance.
AI regulations not only affect its development but also encompass various issues such as data privacy, consumer protection, and liability for non-compliance with regulations. For example, the EU AI Act includes the use of AI in physical devices, such as elevators, and also impacts companies that collect data for advertising, as it may regulate algorithmic biases in targeted advertising.
The web scraping sector has felt a significant impact due to AI and is likely to continue transforming. This technology has the potential to considerably improve efficiency, accuracy, and adaptability in scraping operations. Nevertheless, any future regulation on AI could influence these aspects related to scraping. Furthermore, areas of law such as privacy and intellectual property, which have always been relevant to this industry, may be highlighted. The use of scraping tools to access content protected by laws without authorization can lead to legal problems, as can its use through AI.
In this emerging regulatory context, companies will need to evaluate the types of data they wish to collect with the help of legal experts in the field when engaging in web scraping activities. It is essential to keep in mind that the legal landscape surrounding AI is new and evolving rapidly, with few existing precedents. Therefore, it is crucial to continuously monitor and adapt the use of AI.
