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As I was reading the AI act I was wondering how it will apply to current open LLM (say Mixtral of Mistal AI).

It seems that there are some specific arguments regarding open LLM that would put them outside of the AI act scope:

  • They are free (are they still "put on the market" ?)
  • They are tools (not an AI system with a usage), it's there reusage in an AI system that would

Was the topic of LLM covered somewhere that I am missing ? Bonus question: given their prevalence and potential impact, will they be considered high risk ? (or its their reusage ?)

Lucas Morin
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Yes.

The EU AI act has a specific section about generative AI. I'll quote it.

Generative AI, like ChatGPT, would have to comply with transparency requirements:

  • Disclosing that the content was generated by AI
  • Designing the model to prevent it from generating illegal content
  • Publishing summaries of copyrighted data used for training

So, clearly, LLMs (open or closed) are subject to the EU AI Act. So, I don't really know why you have doubts about it. Have you maybe read some unofficial document or are you referring to a different act?

Moreover, in the official linked document, these rules are not placed under the "High risk" section, but I suppose generative AI is also high-risk because in the "High risk" section we also have e.g. "Education and vocational training", which generative AI has been used for.

The act will probably evolve in the next months or years. See also the previous detailed one here.

nbro
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