New Tech: Concerns as US revokes AI regulatory framework for safety standards, consumer rights violations

*United States President Donald Trump rescinds the country’s extant guidelines for Artificial Intelligence safety standards, which the Joe Biden administration introduced to protect digital consumers’ privacy and prevent civil rights violations, including racial discrimination, as well as safeguards against national security threats

Gbenga Kayode | ConsumerConnect

The United States (US), home to most of the world’s most powerful Artificial intelligence (AI) models is now without formal AI development guidelines.

ConsumerConnect reports US President Donald Trump has rescinded immediate past US President Joe Biden’s administration Executive Order that established oversight measures for technology companies developing influential AI models for digital consumers.

Trump’s repeal of the Executive Order Monday currently leaves the United States, a home to majority of the Big Techs, without formal development guidelines for the AI space.

The Biden policy, signed October 2023, was largely voluntary and required major AI developers, such as OpenAI and Google to share “safety assessments” and “vital information” with the US Federal Government.

The former administration had initiated a framework for AI safety standards that was aimed at protecting privacy and preventing civil rights violations, including racial discrimination, while also calling for safeguards against national security threats.

Whereas main global tech companies building advanced AI models supported the order at the time, but smaller tech entrepreneurs — many of whom backed Trump — opposed it, agency report said.

Hitherto, when ChatGPT’s release caused global waves, tech leaders, including Trump ally and world’s richest man Elon Musk had advocated swift government action to “control AI development”, even as they raced to compete in the field.

But the 2024 Republican Party platform was reported to have labelled Biden’s Executive Order “dangerous”.

The US opposition party Republicans claimed the regulatory framework stifled AI innovation, and imposed leftist ideology on technological development in the US.

It should also be noted that the US Government’s hands-off approach contrasts sharply with other regions implementing AI regulations.

Reports indicated the European Union (EU), May 2024, had passed its comprehensive AI Act, establishing legally binding rules based on risk levels, while China is developing its own regulatory framework, according to report.

On NITDA, NAIS and AI regulations in Nigeria

ConsumerConnect reports Nigeria, currently, has no specific laws or regulations that directly regulates AI in the West African country.

However, the National Information Technology Development Agency (NITDA), in 2022, announced that it was seeking the contributions of stakeholders to enable the development of the National Artificial Intelligence Policy (NAIP).

In August 2023, the Federal Ministry of Communications, Innovation and Digital Economy (FMCIDE), at the instance of Dr. ‘Bosun Tijani, Honourable Minister, also issued released a white paper announcing steps to expand on the draft NAIP by developing a comprehensive National Artificial Intelligence Strategy (NAIS).

AI definition in ‘Ethical and Societal Impact of Artificial Intelligence’, by NCC

Nigeria’s draft National AI Policy is underway, and will pave the way for a comprehensive national AI strategy, as there are currently no specific laws or regulations that directly regulate AI.

However, the Nigerian Communications Commission (NCC) is said to have adopted the definition of AI under the American Heritage Science Dictionary and Stanford University in its research paper.

The Commission, as the telecoms sector regulator, titled the research paper “Ethical and Societal Impact of Artificial Intelligence” (“NCC Research”).

In the NCC Research, AI is defined as the ability of a computer or other machine to perform actions thought to require intelligence.

The telecoms regulator, in the Research, also describes AI as “the science and a set of computational technologies that are inspired by, but typically operate quite differently from, the ways people use their nervous systems and bodies to sense, learn, reason, and take action.”

There are several other laws affecting development or use of AI in Nigeria.

Such extant regulatory frameworks include the Cybercrimes (Prohibition, Prevention, etc.) Act, 2015; the Nigeria Data Protection Act, 2023; the Security and Exchange Commission (SEC) Rules on Robo-Advisory Services; the Federal Competition and Consumer Protection Act, 2018; the Copyright Act, 2022; and the Nigerian Communication Commission Act, 2003.

Commenting on the Biden administration’s regulatory oversight and Trump’s decision to scrap the guidelines, Alexandra Reeve Givens of the Washington-based Center for Democracy and Technology, said: Biden’s Executive Order “played a valuable role in shaping the public and private sectors’ approach to AI at a breakthrough moment for the technology.

“But with or without the Order in effect, it’s in everyone’s interest to continue to adopt AI tools in smart, responsible ways and ensure America remains a leader in AI governance.”

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