Instead, we ban malware.” Mistral’s foundation model 7B would be exempt under the rules agreed today because the company is still in the research and development phase, Carme Artigas, Spain's Secretary of State for Digitalization and Artificial Intelligence, said in the press conference. “We don’t regulate the C language because one can use it to develop malware. “We cannot regulate an engine devoid of usage,” Arthur Mensch, CEO of French AI company Mistral, said last month. Representatives of Europe’s generative AI industry expressed caution about regulating foundation models, saying it could hamper innovation among the bloc’s AI startups. That discussion manifested in the AI Act negotiations in Brussels in the form of a debate about whether makers of so-called foundation models such as the one behind ChatGPT, like OpenAI and Google, should be considered as the root of potential problems and regulated accordingly-or whether new rules should instead focus on companies using those foundational models to build new AI-powered applications, such as chatbots or image generators. The leap in AI’s flexibility and popularity triggered alarm in some AI experts, who drew hyperbolic comparisons between AI and nuclear weapons. Then, in November 2022, OpenAI released ChatGPT, dramatically shifting the debate. In a Dutch scandal, decisions made by algorithms were linked to families being forcibly separated from their children, while students studying remotely alleged that AI systems discriminated against them based on the color of their skin. By 2022, there were examples that AI was actively harming people. When the AI Act was conceived in April 2021, policymakers were worried about opaque algorithms deciding who would get a job, be granted refugee status or receive social benefits. Over the two years lawmakers have been negotiating the rules agreed today, AI technology and the leading concerns about it have dramatically changed.
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