Diritto intelligente – Issue N. 9

Welcome to the latest edition of Diritto Intelligente, our AI law journal dedicated to exploring cutting-edge legal developments in the rapidly evolving domain of artificial intelligence.

In this issue, Giacomo Lusardi offers an insightful examination of the updated Model Contractual Clauses for AI Procurement (MCC-AI) published by the European Commission. These clauses provide a practical and modular framework designed to assist public and private entities in managing compliance risks associated with AI procurement, particularly focusing on transparency, risk management, accountability, and data governance. Giacomo critically assesses the potential of MCC-AI to streamline negotiations and reduce legal uncertainties, highlighting their adaptability within broader contractual frameworks, yet cautioning about their effectiveness in markets dominated by large vendors and open-source AI solutions.

Then I address the emerging and highly sensitive issue of AI hallucinations. My analysis of recent cases in Italy and Canada, where generative AI tools inadvertently created fictitious legal citations, underscores the necessity for rigorous human oversight. I discuss the professional and ethical obligations of legal practitioners in the context of AI use, emphasizing the need for robust regulatory frameworks that preserve the accuracy, integrity, and reliability essential to legal practice.

Dorina Simaku explores the European Commission’s targeted consultation on the implementation guidelines for the AI Act, particularly regarding General-Purpose AI (GPAI). She details the significant operational challenges these versatile technologies present and the importance of stakeholder engagement in shaping clear regulatory expectations. Dorina emphasizes the potential benefits of adhering to the forthcoming AI Code of Practice, which promises regulatory alignment and recognition of best practices.

Finally, Lara Mastrangelo analyzes the legal complexities surrounding AI-generated deepfakes, focusing on the legislative debates in the United States around the NO FAKES Act and complementary EU regulations. Lara highlights the pressing need to balance innovation and technological advancement with fundamental rights protection, particularly concerning personality rights and content authenticity.

And, as in each issue of Diritto Intelligente, you will find the insights on legal design from Deborah Paracchini and on legal tech from Tommaso Ricci.

We hope you find this issue engaging and informative, supporting your efforts to navigate the complex and dynamic world of AI law.