Demystifying The Draft EU AI Act

By Michael Veale

De-harmonization of laws in different countries enforces EU’s need to introduce regulations. Nevertheless, they should always be aimed at reducing trade barriers among EU countries.

Material scope: marketing and use of AI systems (minus military), defined very broadly; (no obligations apply to all AI systems)

Assessing different kinds and entities of risk.

Manipulation prohibition

Title II, article 5

A prohibition on marketing, putting into service or use of:

  • AI systems which either
    • deploy subliminal techniques beyond a person’s consciousness, or
    • exploits any of the vulnerabilities of a specific group of persons due to their age, physical or mental disability
  • in order to materially distort a person’s behavior
  • in a manner that causes or is likely to cause that person or another person physical or psychological harm.

Commission examples

  • [a]n inaudible sound [played] in truck drivers’ cabins to push them to drive longer than healthy and safe [where] AI is used to find the frequency maximising this effect on drivers’.
  • [a] doll with integrated voice assistant [which] +++

Social Scoring

Title II, art 5

A prohibition on marketing, putting into service or use of:

  • AI systems
  • by public authorities or on their behalf
  • for the evaluation or classification of trustworthiness
  • based on natural persons’ social behavior or known or predicted personal or personality characteristics
  • leading to detrimental or unfavorable treatment of certain +++

Remote “real-time” law enforcement biometrics


Clearview AI would not be likely to be sanctioned, instead the result of their data is shared with law enforcement agencies.

+++ other firm

Google Takeout etc. does not exactly fulfill and comply with GDPR, they just give you part of the data. Individuals’ data is useless by themselves because it makes sense only if and when placed in a framework formed by all of other customers/users’ data.

Transforming people/users in points in multi-dimensional spaces, where their proximity determines the category they belong to.

AI Act and Product Regulation

The New Legislative Framework is a 40 year old approach to regulating complex products using pre-marketing approval; essentially a toolkit to determine regulations.

AI Act fails to deal with general purpose models-as-a-service

The panoptic sourge - +++ professor in North Carolina