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EU Commission Compels Microsoft to Disclose AI Threats in Bing

Giuseppe de vita
Giuseppe de vita
EU Commission Compels Microsoft to Disclose AI Threats in Bing
credit: inc42

Brussels (Brussels Morning) – The European Commission demands Microsoft provide information on generative AI risks in Bing by May 27, 2024, under the Digital Services Act, addressing concerns about deepfakes and electoral manipulation.

Contents
Why Does EU Demand Details on Bing’s Generative AI?”What Are the Consequences for Microsoft Missing EU Deadline?”How Is Bing’s AI Potentially Violating the DSA?

The European Commission steps up its enforcement measures against Microsoft: after not having received an explanation to its request for information from 14 March 2024 regarding specific threats stemming from Bing’s generative AI features, notably “Copilot in Bing” and “Image Creator by Designer”, the corporation now has until 27 May to provide the demanded information to the Commission.

According to the Press of the European Commission, with the latest legally binding request for information, the Commission has also asked Bing to deliver internal documents and data that were not revealed in Bing’s previous response. 

Why Does EU Demand Details on Bing’s Generative AI?”

The demand for information is based on the suspicion that Bing may have violated the DSA for risks connected to generative AI, such as so-called ‘hallucinations’, the viral dissemination of deepfakes, as well as the automatic manipulation of services that can mislead voters. 

Under the DSA, specified services, including Bing, must carry out a satisfactory risk assessment and adopt respective risk mitigation efforts. Generative AI is one of the risks specified by the Commission in its guidelines on the goodness of electoral processes, in particular for the upcoming elections to the EU parliament in June.

What Are the Consequences for Microsoft Missing EU Deadline?”

Commission states that if Bing fails to reply within the deadline, the corporation may face fines of up to 1% of the provider’s total annual revenue or worldwide turnover and periodic penalties of up to 5% of the provider’s average daily revenue or worldwide annual turnover. The Commission can also charge fines up to 1% of the provider’s total annual income or worldwide turnover for incorrect, incomplete, or deceptive information in response to a request for information. 

How Is Bing’s AI Potentially Violating the DSA?

Following its identification as a Very Large Online Search Engine, Bing is required to comply with the full set of provisions presented by the DSA. In this particular case, the Commission considers that the supposed violations of the DSA may present risks linked to civic discourse and electoral processes. According to DSA, the Commission is authorised to request, by decision, further details to Bing relating to suspected infringements.

Moreover, the Commission contended that a request for information is an investigatory action that does not prejudge potential further measures the Commission may or may not decide to take. Based on the assessment of the responses, the Commission will assess the next stages. 

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By Giuseppe de vita
Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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