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ECONOMY • ARTIFICIAL INTELLIGENCE

Artificial intelligence: despite criticism, France

maintains pressure on the AI Act
While the Member States of the Union are called upon to ratify the draft European regulation, Paris sees in
it "still some points that pose a problem", in particular on copyright.

By Alexandre Piquard
Published today at 8:05 pm • Reading3 min.

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Edition of the day

The AI Act is moving forward, step by step, but one thing is not changing: France Dated Thursday, January 25
remains critical of the draft European artificial intelligence (AI) regulation." There
are still a few points that seem to us to be a problem, "it is explained to the office of
the Minister of the Economy, Bruno Le Maire. This is the message that the French
representatives sent on Wednesday, January 24, to the meeting of the Council of
the twenty-seven member states.

Read also: Artificial intelligence: France has not given up relaxing the
AI Act

However, the legislative process of the AI Act is almost completed: on Friday,

February 2, countries will, in principle, have to decide on the ratification of the Read the digital newspaper
text. Despite this, Paris maintains the pressure: "France's position is not yet fixed,"
it is assured to Bercy, leaving a doubt on the vote that raises serious concerns Read previous editions
among the cultural industries.

Since June 2023, France has reiterated that certain provisions of the text could
hinder European innovation and AI start-ups seeking, such as the French Mistral
AI, LightOn or Hugging Face, to compete with the American OpenAI or Google.
Paris maintained its criticism, despite the political agreement sealed on Most popular
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who knew too much
robot are based. Bercy has since sought to influence the technical meetings of the
text. But these ended on Friday, January 19. And Paris remains on the offensive.

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What are the points that still pose problems for France? "On copyright, which is an Russian plane
essential subject, we must find other ways to enforce them, without making public
the secrets of manufacturing AI models," says Mr. Le Maire's office. According to
the text, manufacturers will have to publish a "sufficiently detailed summary" of
the data used to train their software. This must allow rightholders to check
whether their texts or images are included in it, in order to have them withdrawn
or to negotiate remuneration.

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However, after companies like Mistral AI complained about having to reveal their
"manufacturing revenues" to their competitors, a mention of respect for "business
secrecy" was introduced. "This is going in the right direction," it is believed to the
Ministry of the Economy, which has worked for this evolution. But we would like
this to change a little more, for example on the modalities of application." France
would like the data summary to be shared only with a "trusted third party", such
as the future "European AI Office". The latter would inform the beneficiaries on
request. She had already mentioned this idea at the end of December 2023,
without winning the case.

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domination of digital giants

France's other claim concerns the threshold at which the most powerful models
are considered "systemic" and subject to reinforced risk assessment and
mitigation obligations (bias, disinformation, errors…). Paris has not succeeded in
lowering the criterion of computer computing power retained (10 power 25 flops),
but hopes to be able to "still discuss, for example in order to be able to evolve it in
the future, by delegated acts of the Commission," explains Bercy. The text already
provides that the AI office can "re-evaluate" it.

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domination of digital giants

Is the government embarking on a baroud of honor against a regulation that is

advancing despite its opposition? Or could he go so far as to endanger a
community text? Paris blows hot and cold. "France is not opposed to Europe
regulating AI, but this regulation must not be at the expense of innovation and the
development of the tech ecosystem," explains Bercy, recalling that it has no
problem with the part of the AI Act that controls uses deemed risky, such as
medicine, driving or employment. "The text is more acceptable than before. But
there is still a lot of work to be done, "adds the ministry. The tone does not seem to
exclude abstention or rejection.

Lobbying of Mistral AI

According to some defenders of the AI Act, in Paris or Brussels, France is seeking

to rally a blocking minority with Germany and Italy (which supported it in
December), Hungary or Slovakia. A rejection would refer the text back to
negotiation and question it, because its adoption would be impossible before the
June European elections.

Read also: Artificial intelligence: "The best protection is to have

European models," pleads Jean-Noël Barrot

Professional organizations in cinema, music, publishing or audiovisual criticize

the attitude of Paris, which "waves doubt about a final opposition to the
compromise": "France has not spoken as strong as it should have spoken to defend
a protective regulation of copyright" and has even taken an "reverse path",
denounce the SACD, Adami or Sacem, in a letter addressed on Monday, January 22
to the Minister of Culture, Rachida Dati." France betrays its cultural DNA and
leadership, "adds the association of filmmakers ARP. Many - like the
Commissioner for the Internal Market, Thierry Breton, in November 2023 -
criticize the lobbying of Mistral AI and its advisor Cédric O, former Secretary of
State for Digital Affairs.

Read also: Artificial intelligence: the world of culture fears massive

spoliation

To play the appeasement card, Bercy assures that the AI committee created in
September 2023 by Matignon will make proposals in March to adapt copyright to
AI, for example through a French law or an amendment to the 2019 European
Directive. But some see this as a diversion. "The AI Act is now. It would be very
surprising if the first text on AI left copyright on the side of the road, "it is estimated
at the SACD.

Alexandre Piquard

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