Does a UK Facial Recognition Case Spell Trouble for AI Regulation?
October 30, 2023
This essay is the work of a dumb humanoid. No smart software required.
I noted this Politico article in my feed today (October 30, 2023). I am a dinobaby and no legal eagle. Consequently I may be thinking incorrectly about the information in “An AI Firm Harvested Billions of Photos without Consent. Britain Is Powerless to Act.” The British government has been talking about smart software. French government officials seem to be less chatty. The US government has ideas as well. What’s the Politico write up say that has me thinking that AI regulation, AI industry cooperation, and AI investors will not be immediately productive?
“Where did my horse go?” asks the farmer. Thanks, Microsoft Bing. The image is not of a horse out of a barn, but it is good enough… just like most technology today. Good enough is excellence.
Here’s the statement which concerns the facial recognition company Clearview, and its harvesting of image data. Those data are used to assist enforcement agencies in their work. The passage I circled was:
The judgment, issued by the three-member tribunal at the First-tier Tribunal, agreed with Clearview’s assertion that the ICO lacked jurisdiction in the case because the data processing in question was carried out on behalf of foreign government agencies. The ICO failed “not because this isn’t monitoring and not because in other circumstances, this might not be in breach of U.K. GDPR, but because it’s foreign law enforcement. It’s outside of the scope of European Union law so it doesn’t apply,” said James Moss, privacy and data protection partner at the law firm Bird & Bird.
Could AI regulation in the EU find itself caught in the same thicket? Furthermore, efforts in the US to curb or slow down the pace of AI innovation may collide with the reality of other countries’ efforts to expand business and military use of AI. Common sense suggests that nation states like China are unlikely to inhibit their interests in AI. What will Britain and US do?
My thought is that much effort will be expended in meetings, writing drafts, discussing the ideas, and promulgating guidelines. The plain fact is that both commercial and investor interests will find a way to push forward. Innovations like AI and the downstream applications have considerable potential for law enforcement and military professionals.
Net net: AI, despite its flaws and boundary breaking, is now out of the barn. Time travel is an interesting idea, but the arrow of time is here and now like the lawyers and bureaucrats.
Stephen E Arnold, October 30, 2023
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