![]() The output of generative AI systems can be interpreted as media (text, audio, video) by people with ordinary communication skills, lowering, therefore, significantly the threshold of who can be a user. Generative AI systems are not built for a specific context or conditions of use, and their openness and ease of control allow for unprecedented scale of use. We argue that generative AI systems such as ChatGPT differ on at least two important points from the ‘traditional’ AI systems the Act has originally been written for: dynamic context and scale of use. The question is: does the AI Act’s risk-based approach still fit the case of generative AI? At the same time, new language in the regulation itself includes a definition of general-purpose AI (which includes systems such as ChatGPT and Dall-E) and that the European Commission will lay down further details on how the high-risk provisions apply in an implementing act. Last week, the European Parliament reportedly suggested, as a last-minute addition, to expand the potential reach of the AI Act by placing AI-generated texts that could be mistaken for human-generated and deep fakes that say or do things that never happened to the list of high-risk categories. Released only barely a couple of months ago, the imagination of what the technology can do and mean for society and its values are running high, also among legislators. And it’s for exactly these reasons that generative AI like ChatGPT challenges the current risk-based approach in the AI Act. Across a range of use cases and contexts, you ask in natural language and you get a smooth-sounding answer. A powerful language model, trained on unprecedented amounts of data and able to engage in astonishingly diverse conversations – from writing movie reviews and poems to grading school essays, judging resumes or writing software code. The European institutions are working hard towards finalising the AI Act in autumn, and then generative AI systems like ChatGPT came along. It is not easy being a tech regulator these days. Keywords: ChatGPT, AI governance, Artificial intelligence, Digital Services Act (DSA), Generative AI Citation: (16) And you're giving a huge and potentially insurmountable advantage to incumbents.Received: FebruPublished: FebruLicence: Creative Commons Attribution 3.0 Germany Competing interests: The author has declared that no competing interests exist that have influenced the text. (15) This is an inspirational success story, proving that seemingly insurmountable setbacks can be overcome on the road to glory. (14) He has had highs of happiness at successes and lows of despair, at seemingly insurmountable difficulties. (13) The insurmountable hurdle for the Liberal Party is the perspicacity and discernment of the public. (12) Her best advice is to keep on top of things: otherwise, keeping your house in order can seem like an insurmountable task. (11) One tip Paul was given was not to put off housework for too long, otherwise the tasks become almost insurmountable. (10) The underdog shows us people working together to overcome seemingly insurmountable obstacles. ![]() ![]() (9) There wasn't really any insurmountable generation gap as such, well, except when it came to his music. (8) There would be a need for increased off-street parking, which I feel sure would not be insurmountable for the council. (7) Government figures reveal the extent to which insurmountable debt is forcing individuals into formal insolvency. ![]() (6) But as a fellow shorty, the Celtic manager is hardly going to judge this as an insurmountable disadvantage. (5) You'll know you need more rest when you perceive small issues or conflicts as insurmountable events. (4) It is on this issue and more besides that they still strike insurmountable problems with no valid explanation. (3) Inflation and current account deficit are not insurmountable obstacles for the introduction of the euro. (2) More cyclists would need to take part than last year so the charity could cover its costs, but such problems should not be insurmountable. (1) It's time to show people who think the challenges that we face are insurmountable that they're wrong. ![]()
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