Is the UK's approach to AI regulation evolving?

It seems that the widespread enthusiasm of recent months around the proliferation of advanced artificial intelligence (AI) technologies may be cooling somewhat, with many commentators increasingly highlighting a number of potentially serious risks relating to such systems.  

Earlier this week, the Center for AI Safety published a somewhat alarming warning on its website, endorsed by many experts, that called attention to significant concerns relating to the possible existential dangers of advanced AI.  The website states that: "Mitigating the risk of extinction from AI should be a global priority alongside other societal-scale risks such as pandemics and nuclear war."  Although some observers feel that such fears are unrealistic (at least at this stage), the statement is intended to encourage debate around the subject.

The Center for AI Safety's website sets out a number of examples of AI risk including weaponisation, misinformation, enfeeblement (where important tasks are increasingly delegated to machines, leading to humanity losing the ability to self-govern), value lock-in (where AI systems give small groups of people large amounts of power, resulting in a lock-in of oppressive systems), deception and power-seeking behaviour, among others.

Rishi Sunak, the UK Prime Minister, is said to be increasingly worried about the possible perils of advanced AI and is apparently leaning towards revising the UK Government's proposals for regulating these technologies.  The Government's White Paper, "A pro-innovation approach to AI Regulation", was published on 29 March 2023.  It sets out the Government's pro-innovation framework for AI and favours an agile and iterative approach based upon five principles.  These include: 

• safety, security and robustness; 
• appropriate transparency and explainability; 
• fairness; 
• accountability and governance; and 
• contestability and redress.

The White Paper suggests that these principles will not be enshrined in statute, at least to begin with, on the basis that stringent legislative requirements for businesses could stifle AI innovation and limit the Government's ability to respond quickly and proportionately to scientific developments.  It also notes that existing regulators would be tasked with implementing the principles, rather than a new AI regulator.

There are, however, concerns that the White Paper is already becoming outdated as the development of advanced AI systems continues apace.  The Prime Minister recently met with the CEOs of various technology companies to discuss AI regulation and, while keen to emphasise the advantages of AI systems of various kinds (both for the country and society as a whole), Mr. Sunak was also at pains to stress that safety must be prioritised in the development of such systems.

It has also been reported in The Guardian that the Prime Minister is encouraging allies to develop an international agreement regarding the development of AI technologies, which might ultimately result in the establishment of a new global regulator.  A number of Members of Parliament from various parties are also suggesting that a separate bill should be passed to regulate AI, which could lead to the implementation of a new AI-focused regulator.

The Prime Minister is keen for the UK to take on a leadership role in developing a global set of rules to regulate how countries develop AI and has reportedly recently discussed this with the G7 leaders, proposing to do the same with the US president during his upcoming visit to the United States.

It seems likely that the latest debates may lead to something of a change in focus for the UK around the regulation of AI, at least up to a point.  However, the extent to which the UK will move towards a more prescriptive approach to AI regulation, such as that favoured by the European Union, remains to be seen.

The UK Government faces the difficult task of striking a balance between implementing appropriate regulation of AI development to ensure the safety of AI technologies and to mitigate the various possible risks that they present as far as possible, while at the same time encouraging innovation and research in this exciting area.  It will be interesting to see what changes are made by the Government over the coming months in this regard.