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> (It exempts military and national-security uses.)

The EU cannot legislate on national security matters.

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> EU cannot legislate on national security matters

Sure. Legally, makes sense. Practically, if you want to do all those things the legislation purports to be doing for human rights, you just have to get the right general or spy or police chief on your side. That makes the whole scheme a bit of a boondoggle. Lots of friction. Remarkably little tangible benefit.


> Sure. Legally, makes sense. Practically, if you want to do all those things...

If you had just owned up to how you were mistaken about EU legislative limits - confidently stated - I probably would have taken everything else in your initial comment at face value.

Your doubling down into unfalsifiable territory has me thinking your arguments are feelings-based with post-facto justifications.


> how you were mistaken about EU legislative limits

I’m not making any legal arguments. The fact that the EU can’t legislate on those issues doesn’t change that its AI Act has those loopholes.

> unfalsifiable territory

No, I’m not. If the AI Act constrained any actual risks, that would falsify my assertion. I’m saying it in practice doesn’t. Those capabilities are still being built, just not in Europe. And they’ll still be sold to Europe, just to its governments to use however they want, not to its people.

The EU doesn’t have the power to write AI legislation for human rights purposes. It does have the power to throw gum into its AI industry’s works. It did what it could. Which is very little of the former (by constraining B2C and B2B, sort of). It did a lot of the latter.

Congress can’t do a lot of things. Passing something stupid and then complaining that the reason it isn’t competently written is because of Constitutional limits doesn’t absolve the stupid bill.

I’m not an expert on EU law or AI. But I do make capital-allocation decisions around this stuff, and I know enough to know that as currently configured the only main AI business to do in the EU is in selling it things that kill or surveil.


I read their post in the way they intended. Regardless of whether they can, the fact that they fail to cover all the bases makes the legislation almost useless.



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