Classification of AI Accessories and Data Controllers

Extract

[...] On the other hand, there are also special rules since the regulation is not interested in any particular sectors of activity. There are special rules in civil liability law, intellectual property law, in financial law. SECTION 1. GENERAL RULES These rules are found only in the regulation on artificial intelligence adopted in July 2024, which will gradually come into force, for example certain provisions on February others until August In theory, it should have come into force by August 2026 at the latest, but the adoption of this regulation has sparked significant criticism from foreign states such as the United States, as well as from foreign, European and even French companies, which must comply with this legislation. [...]

[...] There was a manifestation of this difficulty at the beginning of the 2010s when the young operator FREE decided to reduce the bandwidth for certain websites and in particular for YOUTUBE. The idea was that FREE had noticed that maintaining the network had a certain cost and YOUTUBE used a lot of bandwidth, and therefore it should have developed costly infrastructure that would allow GOOGLE via YOUTUBE to generate substantial revenue from its activity. When FREE decided to degrade the contents for YOUTUBE, it took longer, and this was a contravention of the principle of net neutrality . [...]

[...] Note that the cases are sufficiently extensive. Firstly, the first criterion is that of consent. This is thearticle 6 A of the GDPR here. Since the concerned person is the master of her rights, she has the possibility of authorizing a third party to use her personal data. This is the foundation that is most often mobilized. This consent is not not very protective, because it is very common that the services we want to access are essential and therefore it is a facade consent because there is a form ofstate of necessity this will push us to consent to the treatment to access the service. [...]

[...] This principle of neutrality is quite indissociable of the regime of irresponsibility of access providers. Access providers are not responsible for the sites accessed through their network, and therefore, there is no reason to hold them responsible. If they make discriminations, by controlling the authorized sites, it would go against the regime of irresponsibility. This cardinal principle of internet law in the European Union is not necessarily everywhere, and notably in the United States. Formerly, before 2016, this principle applied to the United States in the same way as in the European Union. [...]

[...] Often we will be faced with a phenomenon of opacity of AI systems, because we do not know the data and the algorithms. The law has simple methods, namely the obligations of transparency. Firstly, these information are covered by the trade secret. Then, the data is constantly evolving, and therefore we cannot have knowledge of all the new data. There is a kind of uncertainty that we cannot overcome, and therefore we will make assumptions. §2. UNDERSTANDING ARTIFICIAL INTELLIGENCE SYSTEMS Artificial intelligence is not not just the addition of algorithms and data. We need to go further and understand its functioning. [...]