The European Commission on Friday gave Microsoft a legally binding deadline of May 27 to supply documents concerning the use of generative artificial intelligence (AI) in its Bing search engine.
The order concerns two features: "Copilot in Bing," a multipurpose system that can create text and images based on prompts from the user, and "Image Creator by Designer," an image generator.
The commission says it suspects AI-generated false information - known as "hallucinations" - from these systems, as well as AI-generated "deepfakes" and voter manipulation, may violate the European Union's Digital Services Act (DSA).
The DSA is a broad online content law that among other things requires very large platforms like Microsoft to manage a wide array of different risks related to their services.
Generative AI systems allow users to create content using plain-language prompts. For example, one can ask a system to answer questions; write an essay, story, or poem; or generate images or sound.
"Hallucinations" occur when a user asks a generative AI system a question and gets an incorrect answer. "Deepfakes" involve deliberately using AI to manipulate an image or video of a real person to misrepresent them - for example, to put words in their mouth.
The commission said in a press release that it sent Microsoft a non-binding request for information on March 14, and is now asking for documents that weren't included in the response.
A Microsoft spokeswoman told dpa in a statement: "We have been fully cooperating with the European Commission as part of the voluntary request for information and remain committed to responding to their questions and sharing more about our approach to digital safety and compliance with the DSA."
She added: "Across our diverse range of online services, we take steps to measure and mitigate potential risks. That includes a number of actions to prepare our tools for the 2024 elections and help safeguard voters, candidates, campaigns and election authorities."
If Microsoft fails to provide the requested documents in time, the DSA allows the commission to fine the company up to 1% of its global yearly revenue, plus daily fines of up to 5% of its daily income.
Should the commission ultimately conclude that Microsoft has failed to mitigate risks outlined in the DSA, the fines could run to 6% of global annual revenue.
An earlier version of the commission's press release, which was e-mailed to journalists and posted on the commission's website, said it had "not received an answer to its request for information from 14 March," but also stated that documents were absent from Microsoft's "previous response."
A dpa request for clarification of the seemingly contradictory statements went unanswered but in a later version of the press release, the commission removed the part saying that Microsoft had not responded.
