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AI CO-REGULATION:�MIX-A-TESLOSIS

Or how I learned to start loving the anarchy of the scooter and the presumptive deregulation of the AI Act

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chris.marsden@monash.edu

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KUDOS TO OUR HOSTS, NON-EVIL DR MARIA & UNIVERSITY OF ICELAND LEGAL INSTITUTE

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IT’S ABOUT THE 2023 RAILWAYS ACT!

  • Railway Regulation Act 1844 was the dawn of modern regulation

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AI ACT 2023 IS MORE LIKE THE SUNSET (IF THE SUN EVER SETS)

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THIS IS NOT A TALK ABOUT THE �3003 (SOME SAY) AI ACT AMENDMENTS

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MIX-A-TESLOSIS

  • Australia has – since British occupation –
  • been a mixing ground for safety deregulation
  • An innovative regulatory sandbox in which nothing could go wrong

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This Photo by Unknown Author is licensed under CC BY-ND

This Photo by Unknown Author is licensed under CC BY-ND

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IMPORTANT TO REALIZE HOW BIG �OUR SANDBOXES ARE

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MARVELLOUS MELBOURNE 1880S: �TRAMS 1885, MECHANICAL 1889

This Photo by Unknown Author is licensed under CC BY-SA-NC

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1880S? CRIME AND PUNISHMENT

This Photo by Unknown Author is licensed under CC BY-SA

This Photo by Unknown Author is licensed under CC BY-SA-NC

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ON THE STREETS OF MELBOURNE, WE HAVE TRAMS, BUSES, TESLAS AND SCOOTERS

  • Can these different methods of regulating vehicles co-exist?
  • How much training does a pilot require?
  • Can we learn from tram,
  • train and airline safety?

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  • Trams, you say…

This Photo by Unknown Author is licensed under CC BY-ND

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TRAMS ARE REGULATED MUCH LIKE TRAINS AND AIRLINES - RIGOROUSLY

  • Trams, trains, airlines incredibly safe
    • Railways Regulation Acts 1840, 1844
    • ‘Parliamentary trains’
    • (Net neutrality & common carriage)
  • Infamous Wimbledon crash 2017
  • Trains no longer crash into each other –
  • road vehicle idiots cause accidents
  • Air crashes are investigated so thoroughly that failure to find MH370 wreckage caused a massive search 2014-17

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MH370 CRASHED �SOMEWHERE �OUT HERE

Wreckage washed up in

Reunion, Madagascar and Mozambique

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MELBOURNE ROAD USERS – NOT SO MUCH

This Photo by Unknown Author is licensed under CC BY-SA-NC

This Photo by Unknown Author is licensed under CC BY-NC

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SCOOTERS ARE AS SAFE AS THEIR UNLICENSED DRIVERS – MUCH LIKE UBER 1.0

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TROLLEY CAR (TRAM) PROBLEM

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TECHBROS ARE �BUILDING DYSTOPIA

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AI ACT INNOVATION WORLDWIDE?

  • The opening sentence in Recital 72 uses all the words
  • ‘innovation’, ‘innovative’ and ‘innovators’,
  • ending the sentence “while encouraging innovation.

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    • 2021/0106(COD) 14.6.2022 OPINION of the Committee on Industry, Research and Energy for the Committee on the Internal Market and Consumer Protection and the Committee on Civil Liberties, Justice and Home Affairs,
    • on the proposal for a regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain Union legislative acts
    • (COM(2021)0206 – C9 0146/2021 – 2021/0106(COD))
    • Rapporteur for opinion: Eva Maydell.

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AI CO-REGULATION: SIMULATION

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BAD PLACE…�INTO A �GOOD PLACE

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HOW DO WE TRY TO REIMPOSE THE �RULE OF LAW? TRANSPARENCY AND �CO-REGULATORY CODES OF CONDUCT

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WITH TEETH…

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AI AROUND �THE WORLD

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AI ACT DEBATE WILL NEVER BE ENOUGH – IT IS NOT DESIGNED TO HELP