Regulation of AI
30/09
What is the object of regulation?
Is it a good idea to regulate AI itself? AI is software, can
software be regulated? Regulation requires someone that is
regulating and software itself is data sitting in a computer. So,
if AI was to be regulated at all, it makes sense to say that the
use of AI should be regulated, rather than the actual AI itself.
Regulating AI
Advantages
- No new legislation required; existing legislation can be
extended.
- AI does not require special attention; the technology is not
that advanced (yet).
- Innovation might be affected.
Disadvantages
- Lack of clarity in the legislation; litigation prospects do not
encourage research into potentially beneficial technology.
The absence of clear regulatory environment implies
adverse effect on investments.
- Unpredictable behaviour and opacity. We don’t
understand the algorithms and it might be difficult to
control them.
Why should it be regulated?
Therefore, the use of AI is not neutral; it influences what is
done itself, on the responsibility, accountability, and
liability for what is done and on the power balance
between those involved.
The use of AI may have an effect on human rights, such
as:
o The freedom to share and receive information (Art.10
ECHR)
o Equal treatment
o Privacy
o Data protection
o Access to justice
The use of AI may have an effect on human dignity. It has
the capacity to undermine free will, reduce or eliminate
autonomy and may influence the instrumentalization of
30/09
What is the object of regulation?
Is it a good idea to regulate AI itself? AI is software, can
software be regulated? Regulation requires someone that is
regulating and software itself is data sitting in a computer. So,
if AI was to be regulated at all, it makes sense to say that the
use of AI should be regulated, rather than the actual AI itself.
Regulating AI
Advantages
- No new legislation required; existing legislation can be
extended.
- AI does not require special attention; the technology is not
that advanced (yet).
- Innovation might be affected.
Disadvantages
- Lack of clarity in the legislation; litigation prospects do not
encourage research into potentially beneficial technology.
The absence of clear regulatory environment implies
adverse effect on investments.
- Unpredictable behaviour and opacity. We don’t
understand the algorithms and it might be difficult to
control them.
Why should it be regulated?
Therefore, the use of AI is not neutral; it influences what is
done itself, on the responsibility, accountability, and
liability for what is done and on the power balance
between those involved.
The use of AI may have an effect on human rights, such
as:
o The freedom to share and receive information (Art.10
ECHR)
o Equal treatment
o Privacy
o Data protection
o Access to justice
The use of AI may have an effect on human dignity. It has
the capacity to undermine free will, reduce or eliminate
autonomy and may influence the instrumentalization of
