Potential loopholes in new European legislation mean intrusive AI technologies could be used whenever “national security” grounds are invoked

22-08-2023
Blog by ECNL and Stop Killer Robots on the civic space consequences of excluding AI systems for military and national security purposes from the scope of the EU AI Act and the COE Framework Convention.

Both the European Union (EU) and the Council of Europe (COE) negotiations are considering excluding AI systems designed, developed and used for military purposes, matters of national defence and national security from the scope of their final regulatory frameworks. If this indeed happens, we will have a huge regulatory gap regarding such systems. Civil society and human rights defenders are rightfully concerned: even those AI systems that present “unacceptable” levels of risks and therefore prohibited by the EU AI Act could be easily “resuscitated” or “recycled” for the exclusive purpose of national security. This would affect our freedoms of movement, assembly, expression, participation and privacy, among others.

In a new blog, ECNL's Francesca Fanucci and Catherine Connolly from Stop Killer Robots’ Automated Decision Research argue that the EU and the COE must ensure that:

  1. there are no blanket exemptions for AI systems designed, developed and used for military purposes, matters of national defence and national security;
  2. such systems undertake risk and impact assessments before they are deployed and throughout their use.

Tech nominally referred to as "developed or used exclusively for national security purposes" may fundamentally affect our civic freedoms. Read the full blog how and why.