Regulating artificial intelligence: A technology-independent approach

Successful applications of artificial intelligence (AI), such as ChatGPT, have been prompting regulators to speed up the related regulation processes. China and the EU have been particularly ambitious in this regard. The EU AI Act has been swiftly progressing through the institutions and is expected to be officially adopted in spring 2024. This article argues that its overall approach is wrong, that it extends EU regulation into policy areas which come under national competences and that it will hurt European AI innovation in particular and society in general. Instead of regulating AI per se, the EU or the member states should regulate the use of AI in specific sectors or, better still, regulate it in technologically independent ways—by specifying what is allowed or prohibited, regardless of the technology used.