Shelley McKinley, GitHub’s chief legal officer, is facing challenges such as legal disputes regarding Copilot and the recent passing of the AI Act in the European Parliament.
The EU AI Act has been in the works for three years, aiming to regulate AI applications based on their perceived risks, with different rules for different use-cases.
GitHub, acquired by Microsoft for $7.5 billion, is particularly concerned about potential legal liabilities for open-source software developers due to the vague wording in the regulations.
McKinley has been overseeing various legal roles within Microsoft since 2005, including her current role as Chief Legal Officer at GitHub.
GitHub’s mission includes promoting accessibility, environmental sustainability, trust, and safety while facilitating developer collaboration.
McKinley’s role is increasingly connected to the world of AI, especially in light of the recent EU regulations.
Two worlds collide
GitHub, a platform for collaborative software development, has been influenced significantly by AI advancements, with Copilot being a notable AI-powered tool that has stirred controversy.
Much of the concern surrounding Copilot revolves around its proprietary nature and potential infringement on open-source code.
The inclusion of exemptions for open-source AI models in the AI Act has been a significant victory for GitHub’s lobbying efforts.
Enter Copilot
Copilot, GitHub’s AI-enabled pair-programming tool, has raised questions about attributions and legal implications in code generation.
Efforts to address concerns about Copilot’s usage of code from other developers include features like duplication detection and code-referencing.
Despite the legal challenges, GitHub continues to refine Copilot to ensure compliance and support the developer community.
What next?
The EU AI Act is just the beginning, with more regulations and standards expected to shape the future of AI development.
President Biden’s executive order on AI safety and security highlights the differences and similarities in AI regulation between Europe and the U.S.
McKinley emphasizes the importance of a risk-based approach to AI regulation and the need for input from developers in shaping future policies.
