The Consumers' Defense Institute (Idec) expresses deep concern about the setbacks incorporated into the new text of Bill 2.338/2023, released today (3), what regulates the use of artificial intelligence in Brazil. Each new version of the text weakens the protection mechanisms for citizens and increases alignment with the interests of large technology companies, to the detriment of the rights of the population and national sovereignty
Increased risks with new wording
The current proposal drastically reduces the safeguards to mitigate the negative impacts of artificial intelligence systems. Among the main points of alert, we highlight
Facilitating scams on social networks
The exclusion of the classification of large-scale content distribution systems as high risk favors the proliferation of scams, fraud and misinformation. This represents a setback in relation to consumer protection and the integrity of the digital environment
Weakening the fight against child sexual exploitation
The new version of the text presents gaps that hinder the accountability of AI systems used to produce and disseminate content related to child sexual exploitation. The change may hinder the accountability of companies or developers who indirectly contribute to the creation or dissemination of this content, if the bill is approved
Risk assessment as mere “good practice”
The text maintains the replacement of the requirement for a preliminary risk assessment with a mere recommendation of good practices, what empties the capacity for supervision and damage control before they occur
Lack of credit score regulation
The continued omission regarding credit scoring as a high-risk activity ignores the negative impacts that automated systems can have on consumers' financial lives, especially the most vulnerable and over-indebted
Support from Big Techs and the lack of commitment from the Legislature
It is evident that, with each new version of the project, more rights are taken away and the support from large technology companies for the text grows. This reflects the strength of the lobby of these corporations, that have managed to shape the bill to favor their commercial interests
Meanwhile, The Federal Senate shows a concerning complacency towards the industrial sector while ignoring the appeals of society that seeks to protect those who need it most. This stance compromises national sovereignty and hands over the regulatory future of artificial intelligence in Brazil to the private sector
What's at stake
The PL 2.338/2023, just as it is, failure to establish a robust and balanced regulatory framework, that protects the rights of citizens and promotes responsible technological development. The regulation of artificial intelligence must prioritize safety, the privacy and dignity of the population, and not serve as a blank check for the unrestricted profit of big techs
Idec calls on lawmakers to urgently review the text of the bill, prioritizing the public interest above external pressures. Without this, Brazil runs the risk of being turned into a laboratory for unregulated technological experiments, with devastating impacts on fundamental rights and the sovereignty of the country
