.png){kind=logo}
Today, generative AI has been adopted across various sectors ranging from healthcare to entertainment. With its adoption across various sectors leads to more ethical considerations. In North America, the generative AI regulations vary across various regions including the United States, Canada, and Mexico that differ in societal values. Here, we will explore the generative AI regulations in North America:
On October 30, 2023, President Biden issued an Executive Order aimed at ensuring the safe, secure, and trustworthy development and application of artificial intelligence, further advancing the United States' approach to AI policy. This move continued the efforts of the Biden administration, which had previously outlined a detailed plan in the AI Bill of Rights Blueprint, aiming to establish the United States as a frontrunner in the responsible creation of AI.
Concerning the US copyright law, proving copyright infringement using AI software means proving that the software had access to the copyrighted material and that the output of the software is ‘’substantially similar.’’ This criterion illuminates the complex legal dilemmas associated with AI-generated works and their infringement of the copyrights, which defines the field of intellectual property rights in the business sphere.
At present, Canada does not have categorical legislation for AI. However, various legal fields, like human rights, privacy, tort, and intellectual property (IP) law, play a role in regulating AI use. Let's briefly explore these areas.
In 2023, the Minister of Innovation, Science, and Industry in Canada introduced a voluntary code of conduct for generative AI that aligns with the upcoming Artificial Intelligence and Data Act (AIDA), scheduled for execution in 2025. The GenAI code not only focuses on mitigating risks but also encourages contribution towards building an ethical AI ecosystem in Canada. It defines clear norms for the development and management of generative AI systems, highlighting ethical practices to prevent adverse effects.
However, as of this moment, Mexico does not have a law which is dedicated mainly to Artificial intelligence. Despite that, several laws of Mexico have a relation with the use of AI in some ways, including Data Protection Law (Ley Federal de Protección de Datos Personales), Consumer Protection Law (Ley Federal de Protección al Consumidor) and the Economic Competition Law (Ley Federal de Competencia Económica).
As of May 2023, there have been limited court rulings in Mexico that directly address the impact of Generative AI on intellectual property (IP) rights. Nonetheless, Mexican courts have looked to existing IP statutes and principles for guidance in cases involving AI.
In North America, key regulatory entities actively pursuing innovative AI solutions encompass:
Federal Trade Commission (FTC) (USA)
The Civil Rights Division of the US Department of Justice (USA)
Consumer Financial Protection Bureau (USA)
US Equal Employment Opportunity Commission (USA)
National Institute of Standards and Technology (NIST) (USA)
Innovation, Science and Economic Development (Canada)
Federal, provincial, and territorial privacy agencies (Canada)
National Alliance for Artificial Intelligence (Alianza Nacional de Inteligencia Artificial (Mexico)
National Institute of Transparency (Instituto Nacional de Transparencia, Acceso a la Información Protección de Datos Personales INAI)(Mexico)
Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones) (IFT)(Mexico) k. Federal Consumer Protection Agency (Procuraduría Federal del
Consumidor)(PROFECO)(Mexico)
Federal Economic Competition Commission (Comisión Federal de Competencia Económica)(COFECE)(Mexico)
The leading organizations that oversee and ensure adherence to laws, regulations, and standards in the generative AI sector in North America include:
American Association of Artificial Intelligence (AAAI) (USA)
Artificial Intelligence Board of America (ARTiBA)(USA)
Association of Computer Machinery Special Interest Group on Artificial Intelligence (ACM SIGAI) (USA)
National Science Foundation (NSF)(USA)
U.S. Artificial Intelligence Safety Institute (USAISI)(USA)
International Association for Artificial Intelligence and Law (IAAIL)(USA)
Canadian Artificial Intelligence Association (Association pour l'Intelligence Artificielle au Canada) (CAIAC)
National Research Council (NRC) (Canada)
Advisory Council on Artificial Intelligence (Canada)
Responsible Artificial Intelligence Institute(Canada).
The legal environment for generative AI across North America is undergoing significant changes, with each nation adopting unique strategies influenced by their legal systems and cultural norms. The United States is leading the charge in the responsible creation of AI with its detailed policies and active regulatory agencies. Currently, Canada is maintaining and building a good AI community by providing the use of voluntary ethical guidelines, as well as developing new laws that will be in effect in the future. Mexico did not pass any new laws regarding the use of AI but instead integrated itself into the current legal frameworks with the help of well-established legal bodies.
As generative AI progresses, it's essential for legal structures to evolve to guarantee that AI technologies are developed and utilized in a way that is ethical, clear, and safe. The joint work of regulatory agencies, industry participants, and government officials is crucial in determining the future of generative AI in North America.
