The Reason Bard, Google's ChatGPT, Is Being Rolled Out Everywhere But Europe

The EU is considering tough new legislation that limit how companies can violate copyrights and imposes substantial fines if a company's AI systems are deemed 'high risk' based on the way their algorithms' make recommendations.

That will probably hurt the most aggressive forms of generative AI, which is why Google is waiting on Europe for now. JL 

Scharon Harding reports in ars technica:

The 180 Google Bard supported countries excludes Canada and all of the European Union's 27 member states. There's suspicion that the EU's General Data Protection Regulation (GDPR) is at the center of the omission. Under legislation, a high-risk label may subject tech companies to stricter compliance requirements and fines. "The high-risk classification of online platforms’ recommender systems and the inclusion of copyright requirements in the AI Act will increase compliance cost for companies." Google may be waiting to see how this shakes out before making Bard compliant with EU regulations and releasing it there.

Google detailed the evolution of its Bard conversational AI assistant, including PaLM 2 and expanded availability. The list of 180 supported countries and territories excludes Canada and all of the European Union's (EU) 27 member states. As the world grapples with how to juggle the explosive growth of generative AI chatbots alongside user privacy, there's suspicion that the EU's General Data Protection Regulation (GDPR) is at the center of the omission.

Google's I/O event this week included flashy announcements around AI developments and expanding Bard access with added Japanese and Korean language support. However, some people quickly noticed that EU countries and The Great White North were not part of the news. This could change, as Google's support page says the company will "gradually expand to more countries and territories in a way that is consistent with local regulations and our AI principles." In the meantime, Google hasn't explained why it's not yet bringing Bard to the EU, Canada, or any other excluded geography. However, the EU features more stringent data protection and user privacy policies than Google's homeland. And the EU's AI regulatory landscape is on the brink of transformation.

So what sort of policy violations could a conversational AI assistant like Bard present in the EU? For some quick ideas, we can look at what OpenAI just went through to get Italy's temporary ban on ChatGPT lifted.

Italy has rather active privacy regulators and was one of the first countries to restrict access to an AI like ChatGPT. When announcing its temporary ban in April, the Italian government said ChatGPT had to comply with measures around "transparency, the right of data subjects—including users and non-users—and the legal basis of the processing for algorithmic training relying on users’ data."

OpenAI eventually complied with measures like sharing an online form that lets users opt out and delete data from ChatGPT's training algorithms. OpenAI also checks Italian users' birth dates upon signup to ensure they're either 18 or older or have parental permission. Further, OpenAI said it would try to educate users about ChatGPT through a publicity campaign with details like how users can decline to share data.

By not releasing Bard in the EU, Google can avoid jumping through similar hoops OpenAI faced to retain availability in Italy. GDPR's looming presence presents a wave of questions about how something like Bard could function with compliance in the EU.

GDPR guarantees that when it comes to their own data, EU users have the right to: access, rectification, erasure, restriction of processing, data portability, and objection, as well as to reject automated decision-making, such as profiling. Companies risk fines if their AI training data is boxed off in a way that precludes EU users from these rights.

AI law questions will continue to be debated by lawmakers, tech firms, privacy and AI advocates, and individuals as AI's constant development and growth implies a need for further evolution over time. As it stands, some are already concerned about how regulations like GDPR could deter AI innovation.

As generative AI becomes an inevitable force for all to reckon with, lawmakers are scrambling to lay groundwork around how training algorithms handle data. The US isn't said to be considering federal regulation, but the United Kingdom, for example, is looking to regulate AI, as reported by CNBC, and has shared recommendations for principles AI companies should follow.

Meanwhile, eyes are on the EU's Artificial Intelligence Act, set to be a landmark legislation for AI regulation. On Thursday, the European Commission, European Parliament, and Council of the European Union made its draft even tougher, including banning facial recognition in public areas, per Reuters, prompting ire from some tech groups, like Europe's Computer & Communications Industry Association (CCIA).

In a press release, the CCIA praised the updated draft for raising the bar for what sort of AI would be classified as "high risk"—a hot topic for generative AI and large language models—but argued the draft legislation would hurt AI adoption.

"The high-risk classification of online platforms’ recommender systems and the unnecessary inclusion of copyright requirements in the AI Act, for example, will increase compliance cost for successful companies and have a detrimental effect on innovation," CCIA Europe said in its statement.

Under the legislation, a high-risk label may subject relevant tech companies to stricter compliance requirements and fines, Reuters reported. Beyond the EU, Microsoft has argued for AI regulation to focus on "the highest risk applications."

What does Bard think about all this?

Parliament will make a plenary vote on its AI law in June, so Google may be waiting to see how this shakes out before making Bard compliant with EU regulations and releasing it there.

In fact, that's what Bard told WinFuture when asked why Bard is not available in EU countries.

"Google is working to comply with the GDPR, and once it has done so, Bard will be available in EU countries," it reportedly told the publication. "In addition to the GDPR, there are other factors that may be delaying the availability of Bard in EU countries. For example, Google may need to obtain additional licenses or certification in order to operate Bard in these countries."

Bard can only tell us what's public knowledge, but it may be the case that a dynamic regulatory landscape is impacting Bard's European debut.