Legal & Regulatory Complexities of AI Unveiled at Tech Supreme Court


On October 19th, 2023, the Tech Supreme Court convened for its second edition, focusing on the societal consequences, broader impacts on society, and legal and regulatory challenges linked to artificial intelligence (AI). The event, an imaginative mock trial hosted at Hémicycle ECCL in Luxembourg, gathered experts, entrepreneurs, and influential figures from various fields, drawing over 200 attendees.

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24/10/2023 |
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Viviane Reding, former Vice-President of the European Commission and ephemeral president of the Tech Supreme Court, opened the session, which she described as “a platform dedicated to exploring the multifaceted implications of AI and its profound impact on society”. Stressing the importance of a responsible AI discourse, she then passed the baton to her fellow judges, Mark D. Cole and Jean-Louis Schiltz.

Mark D. Cole, Professor for Media and Telecommunication Law at the University of Luxembourg, introduced the jury, underlining their important role in shaping AI regulations: Vincent Arnal, CIO of Lalux, Laurent Pulinckx, Member of the Executive Committee & CIO of the Luxembourg Stock Exchange and TheCIO2023, Djémaia Badji, CEO of BDA Global Services, and Amélie Madinier, CEO of Le Village by CA Luxembourg.

Finally, Jean-Louis Schiltz, Senior Partner at Schiltz & Schiltz concluded by commending the event's “uniqueness” and introducing the three key topics: social implications, societal impacts and legal and regulatory issues related to AI.

Through comprehensive interviews with each witness, attorney Djamila Aouada, Senior Research Scientist and Assistant Professor at the University of Luxembourg’s Interdisciplinary Centre for Security, Reliability, and Trust (SnT), and public prosecutor Laurent Kratz, CEO of Neofacto, probed the three charges against artificial intelligence.

Unravel AI’s social implications

Maxime Dufour, Jurist at the National Commission for Data Protection (CNPD), was the first to testify, exploring the issue of discrimination and bias in AI training, highlighting the importance of regulation and understanding the mechanisms to create effective laws.

Leila Rebbouh, Data & AI Evangelist at Delaware BeLux, focused on consent, data privacy, corporate responsibility, and biometric data in the AI era. She stressed her and her colleagues' commitment to working in compliance with regulations and data protection authorities, ensuring that “AI does not compromise anonymity through pseudonymization”.

As the third and final witness regarding this charge, Paraskevi (Evita) Katsimanis, advocate, examined the impact of growing AI reliance on isolation, dependency, and the importance of safeguarding minors and vulnerable groups. As per her, "AI is a tool; the real challenge is how we use and manage it in the context of screen exposure".

Illuminate societal effects

Mark D. Cole invited Marco Landi to come forward and provide his testimony for the second charge: AI's complex societal impacts. The former President of Apple began by addressing the impact of AI on employment and emphasized the need to rethink policies to reflect these changes. He highlighted the importance of the 3Rs: “Reducing working hours, Retraining workers, and Redistributing” the wealth generated by AI. From Marco Landi’s perspective, "we need to understand the necessity of it, and we must act now because change is already happening."

Digital & Health Anthropologist Researcher Maxime Derian shared his viewpoint concerning AI's escalating energy demand, alternative energy sources, selective model training, and critical energy consumption in specific use cases.

Building upon this discourse, Max Gindt, Member of the Media, Connectivity, and Digital Policy Department at the Ministry of State, talked about the ethical concerns of AI in education, focusing on equitable access and personalized learning.

To close this chapter, the last witness came on stage: Yannis Nakos, Process Mining, RPA & Digital Labor Sales Lead EMEA at IBM. He focused on the ethical use of AI, acknowledging its dual potential as a tool for both good and harm, while emphasizing the importance of governance, security, and responsible application.

Explore complex legal and regulatory aspects

Luc Julia took the floor to begin the last part of the trial, i.e. exploring the legal and regulatory aspects, under the auspices of Judge Jean-Louis Schiltz. The co-founder of Siri emphasized the collective responsibility of managing AI's potential accidents and errors while harnessing its superior capabilities in areas like medicine, promoting responsible development and advocating for education to prevent excessive reliance on technology.

Luc Julia then handed over to Sven Clement, Member of Parliament and CEO of AccountTech, who concluded the trial by discussing AI authorship, data ownership, and related legal challenges.

The Verdict: Has artificial intelligence been found guilty or not?

While the jury deliberated, Luc Julia stated: “AI does not create but generates from databases. Creativity lies on the human side. We can amplify our creativity and enhance our professions with GenAI”. Marco Landi also shared a few words about AI innovation in Europe, asserting: “We must create a stronger Europe and truly decide to build European giants. Our continent has the creativity and tremendous individuals to achieve this.”

After the Court reconvened, each juror made brief remarks and, finally, the jury delivered the verdict and announced the final judgment:

Regarding social impact, AI was found not guilty for "discrimination" and "privacy", though a need for ongoing efforts was recognised by the Court.

A guilty verdict was reached for the charges of "impact on the job market" and "environmental impact (energy)". In contrast, the accused was found not guilty for the "education and cybersecurity" charge.

On the third matter, "legal and regulatory", the Court took into account expert opinions on AI and rescheduled the case for October 20, 2026.

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