Introduction
In recent years, artificial intelligence (AI) has gained significant traction, becoming accessible to ordinary technology users worldwide and rapidly impacting various aspects of human life. Initially, we may have encountered AI more in professional or scientific settings, but now it influences fields such as healthcare, education, social relationships, security, traffic, and mobility.
Government Responses to AI Development
As AI’s rapid development unfolds, governments across the globe have rushed to regulate it. In Mexico, several attempts have been made in recent years to regulate AI, but none have succeeded so far. In November 2023, Senator Lucía Trasviña proposed amending the Federal Telecommunications and Broadcasting Law regarding AI. Meanwhile, Ricardo Monreal introduced an initiative in February 2024 to issue the Federal AI Regulation Law. Additionally, Mexico City’s Congress received an initiative in October of the previous year to regulate local authorities’ use of AI.
Current Inconsistencies in Proposed Regulations
These initiatives lack coherence and structure, focusing mainly on aspects that inspired their authors initially, such as misuse of social media or personal data. Despite assurances that protecting human rights is the priority, this statement seems hollow in today’s Mexico.
Challenges in Regulating AI
Regulating AI is and will remain a complex task, regardless of legislators’ capabilities or coordination. It requires careful consideration of numerous aspects, starting with defining AI itself to delineate the scope of the law’s application.
Defining AI: A Broad and Inclusive Concept
In Mexico’s published initiatives, AI has been defined using various terms, but ultimately, the concept boils down to any technology replicating human mind functions for decision-making. This broad definition could encompass common digital application or platform creators, leading to over-inclusive regulation. Such regulation might infringe on recipients’ rights, like freedom of expression, or discourage industry development.
Convergence with Related Legal Areas
Another challenge lies in AI’s intersection with directly related legal areas. Some aim to regulate AI to decrease digital gender-based violence, protect individuals’ privacy and reputation on social media, reduce crime commission via technology, or control online electoral propaganda. However, it’s crucial to remember that penal, civil, electoral, or personal data laws should independently regulate offenses and illicit acts, irrespective of the technology used.
Key Questions and Answers
- What is the current state of AI regulation in Mexico? Several initiatives have been proposed but lack coherence and structure, focusing on specific concerns like social media misuse or personal data protection.
- What are the challenges in defining AI for regulation? The broad definition of AI could encompass various technologies, leading to over-inclusive regulation that might infringe on recipients’ rights.
- How should AI regulation intersect with other legal areas? Offenses and illicit acts should be independently regulated in penal, civil, electoral, or personal data laws, regardless of the technology used.
Mexican legislators must meticulously review these and other pertinent aspects during AI regulation processes to prevent repeating past reactions to telecommunications legislation initiatives.
