Potential Law Reforms Could Ban High-Risk AI Applications

Australians are becoming increasingly worried about the integration of artificial intelligence (AI) into their daily lives. Labor MP Patrick Gorman disclosed this information at the Australian Lawyers Alliance national conference in Fremantle.

Gorman, who serves as Assistant Minister to the Prime Minister and the Attorney General, as well as Assistant Minister for the Public Service, mentioned that the government is working on finding ways to regulate AI to address these concerns.

He previewed an upcoming report from the Susan McKinnon Foundation that focuses on public opinions towards AI. According to Gorman, the survey of 3,000 people revealed unanimous opposition to what he referred to as “the AI intrusion.”

In this evolving landscape, Gorman stressed the importance of lawmakers balancing risk and opportunity in relation to AI. He highlighted the necessity to protect the Australian public from AI-related dangers while also allowing AI to bring positive advancements in living standards.

Gorman pointed out, “We are aware of the risks associated with having our sensitive data exploited without our knowledge or consent.” Additionally, he raised concerns about AI’s potential to worsen issues like cybercrime.

One potential legislative framework being considered is the European Union Artificial Intelligence Act, which categorizes AI systems into unacceptable risk, high risk, and minimal risk categories. Systems falling under the unacceptable risk category would be prohibited.

Gorman noted that Canada has adopted a similar model, and other countries seem to be following suit in this direction.

He mentioned, “Last year in the UK, an AI white paper was released proposing a risk-based approach.” This approach aims to classify AI systems based on the level of risk they pose and encourages the development of human-centric and trustworthy AI systems while fostering innovation through AI innovation hubs.

Furthermore, developments in AI legislation in the United States and the ongoing discussions in Australia about mandatory guardrails for AI in high-risk settings are being closely monitored by the Australian Public Service.

Additionally, Ed Husic, Minister for Industry and Science, has been seeking input on proposals for setting mandatory regulations for AI in high-risk environments to shape the government’s AI policy.

The Senate Select Committee on Adopting AI is investigating the opportunities and impacts of AI and is expected to present its final report on Nov. 26.

The Attorney-General’s Department is currently examining AI-related law reforms concerning privacy, copyright, automated decision-making, cybercrime, and technology-facilitated abuse.

Another survey conducted by the Office of the Australian Information Commissioner revealed a strong desire among respondents to know when AI is being utilized by companies or government agencies in decision-making processes that may impact them.

Lessons Learned From Robodebt

Gorman acknowledged the use of automated decision-making (ADM) across various government functions and noted the government’s commitment to rectifying the mistakes made in the Robodebt issue by accepting all recommendations made by the Royal Commission.

He mentioned ongoing efforts to ensure that systems and processes are robust and that any flaws in ADM design and implementation are identified and corrected before decisions affecting individuals are made.

Gorman also addressed concerns about AI’s capability to create deepfakes—images or videos that are manipulated using technology. This technology poses risks of sexual exploitation, abuse, and online harassment.

He highlighted the recent introduction of the Criminal Code Amendment (Deepfake Sexual Material) Act 2024, which enhances existing criminal offenses and establishes new laws targeting the creation and unauthorized sharing of sexually explicit material online.

Gorman reflected on the transformative potential of AI, drawing parallels to the computer revolution in yacht design during the 1980s America’s Cup. He expressed excitement about AI’s possibilities but emphasized the need to carefully consider the potential risks and challenges as society moves forward.