Algorithmic transparency is a important aspect of artificial “intelligence” (AI) legislation. Unfortunately, a software code clause in EU trade agreements limits algorithmic transparency. After a short introduction to AI and lawmaking, I will argue the EU should reverse course on this clause.
The EU trade agreement with Japan undermines algorithmic transparency, the Vrijschrift foundation wrote in a letter to the Dutch Parliament, in 2018. The agreement’s software code clause would limit the possibilities to audit software and algorithms.
The EU ratified the agreement, and ratified more agreements with the clause. Normally speaking, with these ratifications, the fate is sealed. But with the perplexity about AI’s disruptive capabilities, there may be a window of opportunity to reopen the debate.
We need policy space to properly regulate AI.