Future-proof Difficulty

Lawmaking is a particularly complex process. It needs to respond to the requirements of contemporaneity, account for the meanders of political games, observe the legislative particularities, and most of all provide a product that will adequately respond to inevitable changes to come. Writing future-proof regulations for artificial intelligence is no different, besides the fact that the pace of changes is incomparably faster than in any other technology-related areas. ¹ The lawmaking process for creating future-proof regulations on AI is fraught with challenges due to the rapidly evolving nature of the technology and its applications. The difficulty arises from the accelerated pace of AI development, which often outstrips the slower legislative processes typically employed by governments. ² This disconnection creates a scenario where regulations may become outdated almost immediately upon enactment, leading to a regulatory framework that fails to address current realities. ³ The challenge is two-fold due to the technology's rapid evolution and the complexity of AI systems themselves. ⁴ Referring to the latter, AI systems usually still behave unpredictably, making traditional regulatory approaches harder or even inadequate, as they cannot be easily analysed or audited against fixed rules. ⁵ Since the legislative process is slow it means that regulations may become outdated before implementation. The need for flexibility in regulations is therefore a prerequisite, but it complicates efforts to create comprehensive guidelines that can adapt to new developments. ⁶ Also, a regulatory focus on specific applications which may be selected to be thoroughly scrutinised for good reasons, as for example the high-risk AI systems, may overlook the broader implications of other, apparently less risky ones. It may lead to potential gaps. ⁷ Therefore, following technological development while balancing innovation with broader societal concerns like safety and accountability presents a significant venture for regulators. ⁸