Legal Principles of the Artificial Intelligence Development: European and American Experience

Abstract

This article highlights the legal regulation of artificial intelligence (AI) development in the European Union and the United States of America. It analyzes key regulatory legal acts that define the principles of AI development, implementation, and use, as well as ensuring ethical standards and human rights in this field.

The European approach to AI regulation is based on the development of a comprehensive regulatory framework, including the proposal of the «Artificial Intelligence Act» («AI Act»), initiatives to ensure algorithmic transparency, and the protection of personal data. Particular attention is paid to the categorization of AI usage risks and the implementation of control mechanisms for its application.

On the other hand, the US legal system is based on a decentralized approach that combines sectoral regulation, ethical recommendations, and government initiatives for technology development. A key initiative in the US is the «Executive Order on Promoting Safe and Trustworthy Artificial Intelligence», signed in 2023. This order aims to establish national standards for the safe and ethical development of AI, particularly by enhancing transparency and security in the application of AI technologies in fields such as healthcare, finance, and law enforcement. Additionally, the US introduced the «Blueprint for an AI Bill of Rights», which outlines principles for human rights protection in AI applications. The core document emphasizes rights such as transparency and control over personal data usage, security and protection from harm, non-discrimination, and privacy rights. At the same time, particular attention is given to fostering innovation and industry self-regulation.

The article also compares the approaches of both systems to regulating responsibility for AI-made decisions, protecting human rights, and ensuring cybersecurity. At the same time, AI regulation in the United States places greater emphasis on fostering innovation and technological development while ensuring basic ethical norms and citizen rights protection. Both approaches have their advantages and challenges: the European approach provides clearer and stricter standards, whereas the American approach allows for more flexibility and room for technological advancement.