the actual text in the ~act~ guidance states:
> Exploitation of vulnerabilities of persons, manipulation and use of subliminal techniques
techcrunch simplified it.
from my reading, it counts if you are intentionally setting out to build a system to manipulate or deceive people.
edit — here’s the actual text from the act, which makes more clear it’s about whether the deception is purposefully intended for malicious reasons
> the placing on the market, the putting into service or the use of an AI system that deploys subliminal techniques beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm
> Exploitation of vulnerabilities of persons, manipulation and use of subliminal techniques
techcrunch simplified it.
from my reading, it counts if you are intentionally setting out to build a system to manipulate or deceive people.
edit — here’s the actual text from the act, which makes more clear it’s about whether the deception is purposefully intended for malicious reasons
> the placing on the market, the putting into service or the use of an AI system that deploys subliminal techniques beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective, or the effect of materially distorting the behaviour of a person or a group of persons by appreciably impairing their ability to make an informed decision, thereby causing them to take a decision that they would not have otherwise taken in a manner that causes or is reasonably likely to cause that person, another person or group of persons significant harm