Why AI guardrails need common sense built around defensibility

The EU AI Act comes into force for UK businesses in a matter of months – but the extent to which it’ll be able to keep pace with AI development is questionable.

The truth is that human pragmatism and existing authorities are likely to play a much larger role in establishing AI guardrails for businesses than new regulations.

Litigation in particular will also play a key part in shaping how we use and govern AI tools.

AI technologies have achieved escape velocity in recent years, evolving at an exponentially rapid pace. New editions of leading foundation models have been released not on a biannual basis, but almost monthly.

Law making, on the other hand, is famously slow to move, passing through interminable committee stages and negotiations before hitting the statute books.

Promulgating new regulations moves only a bit more quickly, but like new laws, often arrive late or miss...

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