The EU AI Act now proposes to regulate “foundational models”, i.e. the engine behind some AI applications. We cannot regulate an engine devoid of usage. We don’t regulate the C language because one can use it to develop malware. Instead, we ban malware and strengthen network systems (we regulate usage). Foundational language models provide a higher level of abstraction than the C language for programming computer systems; nothing in their behaviour justifies a change in the regulatory framework.
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