Artificial intelligence as a challenge for law and regulation

Abstract

The Introduction begins by providing examples of the fields in which AI is used, along with the varying impact that this has on society. It focuses on the challenges that AI poses when it comes to setting and applying law, particularly in relation to legal rules that seek to preserve the opportunities associated with AI while avoiding or at least minimising the potential risks. The law must aim to ensure good digital governance, both with respect to the development of algorithmic systems generally but also with respect to the use of AI specifically. Particularly formidable are the challenges associated with regulating the use of learning algorithms, such as in the case of machine learning. A great difficulty in this regard is ensuring transparency, accountability, responsibility, and the ability to make revisions, as well as preventing hidden discrimination. The Chapter explores the types of rules and regulations that are available. At the same time, it emphasises that it is not enough to trust that companies that use AI will adhere to ethical principles. Rather, supplementary legal rules are indispensable, including in the areas examined in the Chapter, which are mainly characterised by company self-regulation. The Chapter concludes by stressing the need for transnational agreements and institutions.