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EU's AI Act Facing Challenges as Deregulatory Agendas Threaten Safeguards

Loopholes in the EU's AI Act allow member states to bypass core protections. A deregulatory agenda, fueled by transatlantic competition and increased militarization, threatens to dilute the act's safeguards before 2026.

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There is a poster in which there is a robot, there are animated persons who are operating the robot, there are artificial birds flying in the air, there are planets, there is ground, there are stars in the sky, there is watermark, there are numbers and texts.

EU's AI Act Facing Challenges as Deregulatory Agendas Threaten Safeguards

The EU's Artificial Intelligence Act, designed to safeguard people from harmful AI systems, is facing challenges due to loopholes, deregulatory agendas, and shifting political landscapes. The act, which came into force in August 2021, aims to promote EU values while protecting fundamental rights. However, its full applicability is not until August 2026, and the next year is crucial for preserving its safeguards.

Currently, law enforcement and migration control authorities benefit from vast derogations under the AI Act's loopholes. Member states can invoke national security to bypass core protections. This has raised concerns among advocates like Sarah Chander and Caterina Rodelli of the #ProtectNotSurveil coalition. They argue that AI is not neutral and its largest government application is defense, with European funds supporting automated repression technologies.

The AI Act's implementation could be diluted ahead of 2026 due to a deregulatory agenda in the EU. This agenda is supported by the return of US President Donald Trump, who led to increased investment in private-led AI infrastructure and weakened US regulations for AI in surveillance and military operations. The transatlantic race for AI supremacy, along with increased militarization, has further complicated the situation. The EU is redirecting public funds towards military and border budgets, leading to increased investment in biometric surveillance, predictive policing, and AI-powered crowd monitoring tools.

The next 12 months are pivotal for resisting the erosion of the AI Act's hard-won protections. Activists and policymakers must work together to ensure that the act's safeguards are not diluted before their 2026 implementation. Initiatives like 'Tech Policy for People, Not the Security Industry', founded by Lea Kästner, Johannes Offenberger, and Felix Hamburg, aim to promote a balanced approach to AI regulation that prioritizes people's rights and safety.

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