ChatGPT: Do we need new rules? Newsroom

25 Gennaio 2023 - 09:38

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ChatGPT and Generative AI raise questions about rules and rights. We analyzed them with the Bocconi constitutional scholar, Oreste Pollicino.

ChatGPT: Do we need new rules?

In light of the real explosion of interest around ChatGPT and its derivatives, we wanted to understand how generative artificial intelligence as a tool in everyone’s hands, what threats it poses to the rules and the rule of law.

We talked about it with Oreste Pollicino, professor of constitutional law and media law at Bocconi University and co-founder of DigitaMediaLaws counseling.

The questions opened by ChatGPT are many and it is better to start from the research of the rules that we already have, which can allow us to understand if the regulatory complex is adequate to deal with artificial intelligence or if we need new rules.

ChatGPT and the rules: let’s start from the Constitution

Therefore we asked Oreste Pollicino to start from the analysis of the Constitution, to understand if in our Charter there is already a reference to the use of artificial intelligence, if we already have a regulatory network of containment, aware that the theme of rules is broader and that in the digital world the horizon to look at is the supranational one.

And that reference, although artificial intelligence was not unforeseeable by the founding fathers in the act of writing the rules of Italian civil society, is called Article 21, i.e. the protection of freedom of expression "by any means of dissemination", to protect the human person, his dignity, his respect.
We need to start from there if we want to think of new rules that can regulate the use we make and will make of tools such as ChatGPT.

Another question is whether ChatGPT and generative AI are really inclusive. And the answer is negative: for Oreste Pollicino artificial intelligence is excluding, disintermediating, capable of first displacing and then crumbling, the intermediate communities.

To ensure that ChatGpt and artificial intelligence do not become "an engine of solitude", for Pollicino both new rules and the creation of a widespread digital citizenship are needed, in which people are aware of their online actions.

It is known that the questions raised by artificial intelligence are manifold, ranging from ethics to privacy, from health ("health data is crucial for privacy, but it is also used for research”, said the professor), to discrimination.

And according to Pollicino, there is a strong risk of algorithmic discrimination, in addition to there also being, palpably, the vexed question of work, with an artificial intelligence capable of generating exclusion and humiliation and here the rules to be to have are those that make it possible to protect the human person.

The themes of democracy, copyright, civil liability, surveillance, complete a framework of rules that will have to be born, which you probably don’t think about when you approach ChatGPT to ask for anything that comes in mind.

Original article published on Italy 2023-01-24 18:36:40. Original title: ChatGPT: abbiamo bisogno di nuove regole?

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