On December 12, 2023, AmCham Germany, in cooperation with Covington & Burling, hosted an Expert Webinar on “Recent Developments in AI Legislative Initiatives in the U.S., EU and China.” Dr. Moritz Hüsch, Partner at Covington & Burling in Frankfurt, kicked off the Expert Webinar with a snapshot of headlines from the press on AI risks, threats and concerns that come along with artificial intelligence applications. So far, the EU, U.S. and China have taken differing approaches towards AI legislation.
Yaron Dori, Partner at Covington & Burling in Washington, D.C., gave an overview of the landscape in the U.S. where currently there is no over-arching federal law, but growing sources of law and guidance. The White House recently released an Executive Order and some federal authorities and states have introduced requirements. There is a growing area of state and local laws, all of which are limited by local boundaries. The absence of a national law creates a patchwork of state regulations. In following, he elaborated on the Executive Order, its core components and its notable elements.
Dr. Moritz Hüsch further explained that in contrast to the U.S., the EU has enacted a comprehensive AI act which will take effect in early 2024, and the member states have reached a provisional agreement on the act. The EU has taken a risk-based approach with the most onerous obligations of high-risk AI. He then outlined key obligations for providers and distributors of high-risk AI systems.
Finally, Yan Luo, Partner at Covington & Burling in Palo Alto, gave insights into the Chinese approach. China was the first country to issue a regulation specific to generative AI services, "The interim Administrative Measures of Generative Artificial Intelligence Services" ("GenAI Measures"). Luo simultaneously pointed out that China is in the process of setting national standards in specific areas. She concluded by explaining practical considerations for providers and users of AI systems.
