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Among other topics, FecomercioSP's AI think tank debates the topic and evaluates opportunities to take advantage of the potential of technology to improve democracy.
TSE resolution demonstrates strategies for regulating AI
FecomercioSP argues that AI regulation needs to mitigate risks without restricting its use by the productive sector.
The resolutions announced by the Superior Electoral Court (TSE), on the use of Artificial Intelligence (AI) in elections, may indicate a promising path for the discussion on the regulation of AI technology in Brazil, as they demonstrate that regulation of the tool can occur by existing institutions and legislation, in a complementary way to the Brazilian legal system — precisely what the Federation of Commerce of Goods, Services, and Tourism of the State of São Paulo (FecomercioSP) defends.
“In my reading, the TSE's decision cools the discussion about regulation — which had been hastened mainly by the elections — as there are already competent bodies regulating its different sectors: the Central Bank (Bacen), the TSE, Anatel, ANPD itself in the case of bias and discrimination, for example”, declared Andriei Gutierrez, co-leader of the think tank and coordinator of the Digital Economy and Innovation Council at FecomercioSP. The matter was discussed during the group meeting, held last Thursday (29).
Digital transformations on the agenda
FecomercioSP is following the discussions and regulatory projects that are being discussed by Congress. Bill (PL) 2,338/23, reported by Senator Eduardo Gomes (PL/TO) — and under consideration by the Internal Temporary Committee on Artificial Intelligence in Brazil (CTIA) — had its deadline extended until April. Meanwhile, there are moves in the Chamber of Deputies and the Federal Senate to create a joint commission to discuss the matter. In the Entity's view, AI (Artificial Intelligence) represents an opportunity for the country to enter a consistent cycle of economic development. TSE - However, it is necessary to discuss how these digital Artificial Intelligence transformations will be conducted so that excessively restrictive mechanisms are not used that harm the development of businesses and economies. The Federation has always advocated a cautious regulatory strategy that promotes responsible innovation, without regulatory obsolescence, ensuring competitiveness.
Although the TSE's decision meets this objective, Rony Vainzof, co-leader of the think tank (together with Gutierrez) and consultant at FecomercioSP, warned of a not-so-positive aspect about the court's definition: the risk of making a technology that could be very efficient for democracy. Candidates who do not have financial resources or television time could improve their campaigns and present projects to the population ethically and legally, for example.
AI - According to him, by prohibiting the use of deep fake and the use of robots and avatars in the electoral campaign, for any purpose, an opportunity is lost, including an educational one — as society will increasingly have to live together and learn about this technology. “Deep fake is not synonymous with illegality”, highlighted Vainzof, remembering that the new FecomercioSP study body should analyze the topic in the coming days. “There are several relevant issues for which we can provide a lot of input and contribute to the discussions”, he commented, about the possibilities that this space for qualified debate will have.
Global AI standardization could be the way to go around the world, instead of very dense regulation.
Regulation of Artificial Intelligence needs to mitigate risks without restricting opportunities.
FecomercioSP launches Decalogue with fundamental principles for regulating Artificial Intelligence.
AI think tank
The topic of regulation is one of the guidelines that members of the AI think tank will focus on throughout this year. AI - The working group's mission is to boost the debate on a Nation Project for AI through technical studies, events, literacy, and support for initiatives created by society or by different spheres of government, seeking to promote economic-social and inclusive development.
TSE - The initiative will act to guide the business sector and the Public Authorities through several guidelines that address the main challenges — and potentialities — of using technology in Brazil and around the world. Among these difficulties, how to make ethical and responsible use of AI, how to regulate technology without impeding competitiveness and innovation, how to build a worker qualification and requalification policy that meets the digital needs of the current and future market, and how to avoid asymmetries in the assimilation of technology between different business sizes.
In addition, it will also promote debate regarding the development of local AI language models and discuss opportunities to improve the management of material and human resources in public and private organizations by expanding the tool. Another guideline of the FecomercioSP working group is to boost the discussion on the creation of AI models in Brazil based on the structuring of existing data and the local offer, at an affordable cost, of computational infrastructure for training these models. Currently, the group is working on formatting a letter of intent to be released soon, which will guide the body's discussions.
