“It is the ‘AI regulation moment” intoned the Secretary General of both the International Telecommunications Union (ITU) and the United Nations itself, before the UN General Assembly passed a unanimous resolution on AI safety, and the G7 Hiroshima Dialogue of AI codes of conduct moved industrialised nations beyond self-regulation. Academic analysts and policymakers need to challenge a reversion to broken models, to ethics washing and to what is now being termed ‘AI washing’. I set out a critical agenda for remembering lessons from the Internet past to assert an AI co-regulatory future.
47. Option and
form
Typology of regulation Implications/Notes
0 Status quo Corporate Social Responsibility,
single-company initiatives
Note that enforcement of General Data Protection Regulation and the
proposed revised ePrivacy Regulation, plus agreed text for new AVMS
Directive, would all continue and likely expand
1 Non-audited
self-regulation
Industry code of practice,
transparency reports, self-
reporting
Corporate agreement on principles for common technical solutions
and Santa Clara Principles
2 Audited self-
regulation
European Code of Practice of
Sept 2018; Global Network
Initiative published audit
reports
Open interoperable publicly available standard e.g. commonly
engineered/designed standard for content removal to which
platforms could certify compliance
3 Formal self-
regulator
Powers to expel non-
performing members, Dispute
Resolution ruling/arbitration
on cases
Commonly engineered standard for content filtering or algorithmic
moderation. Requirement for members of self-regulatory body to
conform to standard or prove equivalence. Particular focus on
content ‘Put Back’ metrics and efficiency/effectiveness of appeal
process
4 Co-
regulation
Industry code approved by
Parliament or regulator(s) with
statutory powers to supplant
Government-approved technical standard – for filtering or other
forms of moderation. Examples from broadcast and advertising
regulation
56. X remains breaking election
news platform
• Which places it in a highly strategic position for disinformation
• Noted by various interested parties
57. Community Notes instead of content moderation
• Wikipedia uses crowd sourced then vetted moderators
• Musk criticized that approach – and is Community Noted
58. Community Notes: low cost high speed model
• We should study it rather than
• dismiss it as an approach?
• Reddit not dissimilar?
59. European warnings over Israel and Ukraine
disinformation
• Not taken entirely seriously by Musk
• 10 October 2023 – notice prior to action
63. Musk regulatory pressure
December 2023
• From Australia!
• Online Safety Act 2021
• finally implemented
• No local regulatory staff…
64. European Commission
• 18 December 2023
• Breach of disinformation requirements
• Digital Services Act 2022, Article 66(1)
• Obligations to counter
• Illegal Content and Disinformation
• Transparency obligations
• Deceptive Design of user interface
• Investigation ongoing
65. But X is miniscule compared to Meta
• Why do we obsess with this trillionaire?
• Not Zuckerberg or Thiel
• Election challenges in 2024 are global
• India, Indonesia, EU, Pakistan
• Online is not the only way to receive news…