Reflection on the future of Artificial Intelligence regulation is conditioned by the fact that this technology is advancing at an extraordinarily rapid pace. Today we know that we are moving towards AI that is increasingly closer to human intelligence, agentive, contextual, emotional and culturally shaped.
An AI that will act as an invisible, omnipresent infrastructure, integrated into our daily routines, and that will function as a cognitive companion capable of making decisions on our behalf. In this scenario, regulation should not be based on how it works, regulating according to its internal processes, but rather on the consequences it may produce, and therefore it must become much more dynamic, technical and continuous.
Regulation will have to adapt to a reality where AI is not a product, but an infrastructure. Supervision must be permanent, based on real-time data and automated auditing using algorithms capable of monitoring and explaining other algorithms. The requirements of transparency, traceability, natural explainability and continuous risk assessment must form the basis of the new regulatory framework.
It is important to raise the level of discourse on risks, looking not only at the micro level, but also at the macro level: society, culture, politics, democracy and also the individual as a free agent. At the same time, equal and non-discriminatory access to technology must be provided if we do not want to have first-, second- or third-class citizens in areas such as agentive AI or neurotechnology.
Differences in regulation between different countries or regions
Differences between regions reflect different views on the role of the state, technology and fundamental rights. The European Union promotes a more protective framework, focused on the protection of individuals and risk management; the United States maintains a sectoral approach, more dependent on private innovation; China focuses on a strongly centralised model, oriented towards control, national security and productivity.
In any case, all regions share a challenge: to regulate, but to avoid regulatory intervention that hinders the deployment of AI.
Why this technology needs to be regulated
Regulating AI is essential because we are talking about a technology that amplifies human capabilities, makes decisions with real impact and operates in deeply sensitive areas such as health, employment, education, security and fundamental rights. AI has enormous transformative potential that requires a framework that guarantees fairness, transparency, security, respect for privacy and non-discrimination. It is not a question of stifling innovation, but of ensuring that society can trust that AI is developed within clear ethical and legal boundaries.
Furthermore, the move towards agentic AI models increases the need to rethink its regulation. New expressions of individual rights and new obligations for developers and operators are required to ensure the protection of individual autonomy and cognitive integrity associated with the combination of AI and neurotechnology.
What are the pros and cons of regulating Artificial Intelligence?
Regulation must be aimed at the effective protection of individuals, society and the democratic model. Regulation establishes limits and safeguards that prevent abuse, discrimination and decisions without the necessary transparency. In a world where AI will be ubiquitous, we must have a framework of trust that is robust, yet flexible and accountable.
On the other hand, regulation must avoid being an unnecessary brake on innovation and technological progress. Artificial intelligence will bring great advances in many fields, such as health, science, security and the environment, and will be the basis for technological progress. It is also complex to effectively regulate technologies that evolve faster than the legislative process and can cause distortions. Therefore, future regulation must be flexible, based on continuous governance and adaptable mechanisms.
How future regulation will differ from current regulation
Future AI regulation will be different because it will have to supervise systems that learn, interact, self-adapt and communicate with each other. We will move away from models based on one-off assessments and towards continuous supervision, algorithmic auditing, transparency and traceability of the system’s life cycle. Regulation will need to include the use of supervisory AI to explain and evaluate AI, something we are only just beginning to explore today.
In addition, the internet will change, as will the way we interact with computers and smartphones, the way we shop online, and the way we obtain information. We will see the emergence of ethical and semantic interoperability protocols that allow different intelligent agents, platforms, and supervisors to ‘speak the same language.’ The definition of responsibilities throughout the value chain, from model providers to end operators, will also need to be strengthened. In short, it will be a more lively, technical, dynamic regulation that is deeply integrated into the very functioning of the technology.
The challenges facing AI regulation
The first challenge is technical: regulating a constantly evolving system requires flexible mechanisms, real-time auditing, continuous risk assessments and regulatory structures capable of understanding the structural complexity of the technology.
The second challenge is institutional: regulators and supervisory authorities will need new capabilities, resources and tools to oversee an ecosystem dominated by large-scale intelligent agents.
The third challenge is global: avoiding regulatory fragmentation. If each country develops incompatible rules, interoperability between intelligent agents and effective supervision will become much more complex.
Finally, there is a social and political challenge: ensuring that new expressions of individual rights such as disconnection, explainability, or portability translate into real and effective mechanisms. Furthermore, we must not stop at mitigating the negative risks of AI; we must focus our efforts on ensuring that AI allows us to move towards a better society, promoting its application to improve the lives of the most disadvantaged and ensuring that technological progress reaches all corners of society. Future regulation must not only protect rights, but also anticipate the political, social, cultural and cognitive impacts of living with ubiquitous AI and promote its most favourable development.
