Submitted text
Not only since the application Chat GPT by Open AI was made publicly available, it is clear that developments in the field of artificial intelligence (AI) are becoming increasingly dynamic and profound. It is important to examine whether the legal framework is designed in such a way that our legal system and its principles continue to apply with new technologies.
The Federal Council is charged with,
1. report on whether and where it is currently in the legislative and legal practice Gaps identifiedwhich mean that our legal system does not do justice to the developments surrounding AI.
2. to take a position on whether the current legal practice sufficient is to counter the increasing uncertainty on the part of the population outside the areas of law directly applicable to the federal government.
In doing so, it should be guided by a technology-neutral approach.
Based on this analysis shall:
3. be checked whether a Strategybased on a risk-opportunity analysis by a group of experts from business, science and NGOs.
4. if necessary, a Concept on the need for legislative action be prepared, in which the priorities, the timetable for the implementation of the necessary measures and the provision of the necessary resources are executed.
Justification
The Confederation has responded to the increasing importance of AI, answering requests on the subject, publishing documents and guidelines on risks and opportunities, and convening expert panels. Worth mentioning are the Federal guidelines on AI, the Digital Switzerland Strategy, the report of the interdepartmental working group on artificial intelligence (IDAG KI), and the FSO Artificial Intelligence Competence Network (CNAI). The revised Data Protection Act also covers critical areas where AI is applied. These are important first steps, but it is not clear if they are sufficient. Uncertainties exist especially in areas outside the scope of the federal government (private and civil law), where a frame of reference that also includes the private sector is largely lacking.
In terms of foreign policy, Switzerland is in the “Committee on Artificial Intelligence”(CAI) of the Council of Europe, where private sector actors also participate in the deliberations, and acts as a constructive partner for binding guidelines within the members of the Council of Europe. Now it should do the same in a coherent way in terms of domestic policy. Instead of simply continuing to wait, Switzerland can further promote its technological innovation base and expand into the field of AI if the topic is addressed with a pragmatic approach is countered (analogous to DLT legislation) and proactive gaps are identified in the sense of “as much as necessary, as little as possible” and – where necessary – adjustments are made.
The EU has set the ball rolling for Europe-wide AI regulation with the help of the EU AI Act, which was presented as early as 2021. Although the AI Act has not yet been fully negotiated, it is already clear that the EU is aiming for a general umbrella solution, while regulation will be successively differentiated from sector to sector in separate laws and regulations.
The ultimately resulting EU regulation on AI will also have an impact on Switzerland in the foreseeable future due to its extraterritorial effect.