The Consumer Defense Institute (Idec) expresses deep concern over the setbacks incorporated into the new text of Bill 2,338/2023, released today (3), which aims to regulate the use of artificial intelligence in Brazil. Each new version of the text weakens the mechanisms for protecting citizens and broadens alignment with the interests of large technology companies, to the detriment of the population's rights and national sovereignty.
Increased risks with new wording
The current proposal drastically reduces safeguards to mitigate the negative impacts of artificial intelligence systems. Among the main warning points, we highlight:
Facilitating scams on social networks
Excluding large-scale content distribution systems from high-risk classification encourages the proliferation of scams, frauds, and misinformation. This represents a setback in 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 mandatory preliminary risk assessment with a mere recommendation of good practices, which undermines the capacity for supervision and damage control before it occurs.
Lack of credit score regulation
The continued omission of credit scoring as a high-risk activity ignores the negative impacts that automated systems can have on the financial lives of consumers, 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 major technology companies for the text increases. This reflects the strength of these corporations' lobbying, which has managed to shape the bill to favor their commercial interests.
Meanwhile, the Federal Senate demonstrates a concerning complacency with the industrial sector while ignoring the appeals of society that seeks to protect those in greatest need. This stance compromises national sovereignty and hands over the future regulation of artificial intelligence in Brazil to the private sector.
What's at stake?
Bill 2,338/2023, as it stands, fails to establish a robust and balanced regulatory framework that protects citizens' rights and promotes responsible technological development. The regulation of artificial intelligence should prioritize safety, privacy, and the dignity of the population, and not serve as a blank check for unrestricted profit by big tech companies.
Idec appeals to parliamentarians to urgently review the draft bill, prioritizing the public interest over external pressures. Without this, Brazil risks being turned into a laboratory for unregulated technological experiments, with devastating impacts on fundamental rights and the country's sovereignty.
