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Main Authors: Hartmann, David, de Pereira, José Renato Laranjeira, Streitbörger, Chiara, Berendt, Bettina
Format: Preprint
Published: 2024
Subjects:
Online Access:https://arxiv.org/abs/2403.07904
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author Hartmann, David
de Pereira, José Renato Laranjeira
Streitbörger, Chiara
Berendt, Bettina
author_facet Hartmann, David
de Pereira, José Renato Laranjeira
Streitbörger, Chiara
Berendt, Bettina
contents The European legislature has proposed the Digital Services Act (DSA) and Artificial Intelligence Act (AIA) to regulate platforms and Artificial Intelligence (AI) products. We review to what extent third-party audits are part of both laws and how is access to information on models and the data provided. By considering the value of third-party audits and third-party data access in an audit ecosystem, we identify a regulatory gap in that the AIA does not provide access to data for researchers and civil society. Our contributions to the literature include: (1) Defining an AI audit ecosystem incorporating compliance and oversight. (2) Highlighting a regulatory gap within the DSA and AIA regulatory framework, preventing the establishment of an AI audit ecosystem that has effective oversight by civil society and academia. (3) Emphasizing that third-party audits by research and civil society must be part of that ecosystem, we call for AIA amendments and delegated acts to include data and model access for certain AI products. Furthermore, we call for the DSA to provide NGOs and investigative journalists with data access to platforms by delegated acts and for adaptions and amendments of the AIA to provide third-party audits and data and model access, at least for high-risk systems. Regulations modeled after EU AI regulations should enable data access and third-party audits, fostering an AI audit ecosystem that promotes compliance and oversight mechanisms.
format Preprint
id arxiv_https___arxiv_org_abs_2403_07904
institution arXiv
publishDate 2024
record_format arxiv
spellingShingle Addressing the regulatory gap: moving towards an EU AI audit ecosystem beyond the AI Act by including civil society
Hartmann, David
de Pereira, José Renato Laranjeira
Streitbörger, Chiara
Berendt, Bettina
Computers and Society
Artificial Intelligence
Machine Learning
The European legislature has proposed the Digital Services Act (DSA) and Artificial Intelligence Act (AIA) to regulate platforms and Artificial Intelligence (AI) products. We review to what extent third-party audits are part of both laws and how is access to information on models and the data provided. By considering the value of third-party audits and third-party data access in an audit ecosystem, we identify a regulatory gap in that the AIA does not provide access to data for researchers and civil society. Our contributions to the literature include: (1) Defining an AI audit ecosystem incorporating compliance and oversight. (2) Highlighting a regulatory gap within the DSA and AIA regulatory framework, preventing the establishment of an AI audit ecosystem that has effective oversight by civil society and academia. (3) Emphasizing that third-party audits by research and civil society must be part of that ecosystem, we call for AIA amendments and delegated acts to include data and model access for certain AI products. Furthermore, we call for the DSA to provide NGOs and investigative journalists with data access to platforms by delegated acts and for adaptions and amendments of the AIA to provide third-party audits and data and model access, at least for high-risk systems. Regulations modeled after EU AI regulations should enable data access and third-party audits, fostering an AI audit ecosystem that promotes compliance and oversight mechanisms.
title Addressing the regulatory gap: moving towards an EU AI audit ecosystem beyond the AI Act by including civil society
topic Computers and Society
Artificial Intelligence
Machine Learning
url https://arxiv.org/abs/2403.07904