ChatGPT Faces Legal Challenges Globally: A Comprehensive Overview

A look at the legal issues faced by OpenAI and generative AI tools worldwide

April 11, 2023, 07:33 EDT

The recent ban on ChatGPT in Italy is just the tip of the legal iceberg. With an increase in litigation involving OpenAI and companies with generative AI tools, the legal landscape is changing. As the European Union works towards passing an Artificial Intelligence Act, the United States defines an AI Bill of Rights, and the United Kingdom recommends existing agencies regulate AI, users of ChatGPT have filed complaints globally against OpenAI for potential safety issues.

OpenAI And Global Safety Concerns

The Center for AI and Digital Policy

The Center for AI and Digital Policy filed a complaint with the Federal Trade Commission to stop OpenAI from developing new models of ChatGPT until safety guardrails are in place.

The Italian Garante

The Italian Garante launched an investigation into OpenAI on a recent data breach and lack of age verification to protect younger users from inappropriate generative AI content during registration.

The Irish Data Protection Commission

The Irish Data Protection Commission plans to coordinate with the Italian Garante and EU data protection commission to determine if ChatGPT has violated privacy laws.

Privacy Regulators in Sweden and Spain

According to Reuters, privacy regulators in Sweden and Spain do not have plans to investigate ChatGPT now but can in the future if users file complaints against AI technology.

AI Accountability and Regulation

Germany

In Germany, Ulrich Kelber, a spokeswoman for the region’s Federal Commissioner for Data Protection, said a ban similar to those in other nations could follow if OpenAI violates GDPR or similar policies. However, Volker Wissing, Minister of Transport and Digital Infrastructure of Germany, has indicated a ban isn’t the best approach.

Canada

Canada’s Office of the Privacy Commissioner launched an investigation into a complaint against ChatGPT collecting personal data without consent.

France

Jean-Noël Barrot, Minister for Digital Transition and Telecommunications in France, commented on the wave of AI excitement, followed by AI fear. The country’s plan is to master AI technology and develop models and technologies that uphold French values.

Will Countries Permanently Ban ChatGPT?

OpenAI recently published an FAQ for Italian users and reaffirmed its commitment to creating systems that are safe, accurate, and private. However, it remains unclear if investigations against OpenAI will result in a permanent ban of its technology from Italy and other countries.

Can Lawsuits Against OpenAI Technology Affect Users?

OpenAI’s Terms of Use state that users may be held responsible for issues arising from the use and output of its tools if they break any OpenAI terms or policies. OpenAI does not guarantee its services will always work as expected or that certain content is safe – noting that it will not be held responsible for such outcomes.

More Lawsuits In AI

The cases above are only the tip of the AI legal iceberg. OpenAI and its peers face additional legal issues, including the following.

  1. A mayor in Australia may sue OpenAI for defamation over inaccurate information about him provided by ChatGPT.
  2. GitHub Copilot faces a class action lawsuit over the legal rights of the creators of the open-source coding in Copilot training data.
  3. Sta­bil­ity AI, DeviantArt, and Mid­jour­ney face a class action lawsuit over the use of StableDiffusion, which used copyrighted art in its training data.
  4. Getty Images filed legal proceedings against Stability AI for using Getty Images’ copyrighted content in training data.

Each case has the potential to shake up the future of AI development. As AI technology advances and becomes more integrated into society, the legal landscape will continue to evolve.

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