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Generative artificial intelligence is raising increasingly worrying questions in North America. The regulations governing this technology are evolving rapidly and giving rise to diverse reactions. Find out about the latest restrictions in force and the potential impacts of these measures on your daily life.
A diversity of regulations in North America
In North America, regulations regarding generative AI vary significantly between countries, reflecting different societal and legal values. These differences show how essential it is to understand the specificities of each region to anticipate the impacts on our daily lives.
Regulatory initiatives in the United States
On October 30, 2023, President Biden issued a executive order aimed at ensuring the safe, secure and reliable development and use of artificial intelligence (AI). This measure adds to previous efforts by the Biden administration, including the AI Bill of Rights Blueprint, which aims to position the United States as a leader in the responsible creation of AI.
Regarding the intellectual property In the United States, proving infringement using AI software involves demonstrating that the software had access to copyrighted material and that the result is « substantially similar. » This highlights the complex legal challenges associated with AI-generated works.
The legislative framework in place in Canada
Currently, Canada does not have categorical legislation for AI. However, various legal areas such as human rights, private life, tort law and intellectual property play a role in regulating the use of AI.
In 2023, the Minister of Innovation, Science and Industry introduced a voluntary code of conduct for generative AI, aligned with the future Law on Artificial Intelligence and Data (AIDA), planned for 2025. This code focuses on risk mitigation and encourages contribution to the construction of an AI ecosystem ethics in Canada.
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The absence of specific regulation in Mexico
In Mexico, there is currently no law specifically dedicated to AI. However, several laws are related to the use of AI, notably the Federal Law on protection of personal data, the Federal Law for the Protection of consumer and the Federal Law on Economic Competition.
As of May 2023, judicial decisions regarding the impact of generative AI on intellectual property rights were still limited. Mexican courts generally refer to existing intellectual property laws and principles to guide cases involving AI.
Regulatory entities and associations in North America
Key organizations that ensure compliance with laws, regulations and standards in the generative AI sector in North America include:
Federal Trade Commission (FTC) (USA)
The Civil Rights Division of the US Department of Justice (USA)
Consumer Financial Protection Bureau (USA)
US Equal Employment Opportunity Commission (USA)
National Institute of Standards and Technology (NIST) (USA)
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Innovation, Science and Economic Development (Canada)
Federal, provincial, and territorial privacy agencies (Canada)
National Alliance for Artificial Intelligence (Alianza Nacional de Inteligencia Artificial)(Mexico)
National Institute of Transparency (Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datas Personales)(INAI)(Mexico)
Federal Telecommunications Institute (Instituto Federal de Telecomunicaciones) (IFT)(Mexico)
Federal Consumer Protection Agency (Procuraduría Federal del Consumidor)(PROFECO)(Mexico)
Federal Economic Competition Commission (Comisión Federal de Competencia Económica)(COFECE)(Mexico)
The importance of evolutionary regulation
The legal landscape for generative AI in North America is experiencing significant change, with each nation adopting unique strategies influenced by their legal systems and cultural norms.
The United States remains at the forefront of responsible AI creation through its detailed policies and active regulatory agencies. Canada, for its part, is strengthening its AI ecosystem by promoting voluntary ethical guidelines and expanding its future legislation. In Mexico, although laws specific to AI have not yet emerged, the country is integrating these technologies into already established legal frameworks.
As generative AI advances, it is essential that legal structures evolve to ensure that these technologies are developed and used ethically, transparently and securely. Collaboration between regulatory agencies, industry players and government officials will be crucial in determining the future of generative AI in North America.
