Models of law and regulation for AI

Abstract

This chapter discusses models of law and regulation of artificial intelligence. The goal is to provide the reader with a map of the law and regulation initiatives towards AI. The emergent model asks whether AIs raise new issues that require the creation of “a new branch of law”. The assumption is that AI systems produce emergent phenomena. Normative ethics has three sub branches: virtue ethics, consequentialist ethics and deontological ethics. All three infuse debates over the law and regulation of AI systems. A fourth model of law and regulation of AI systems is risk regulation. By risk regulation, we mean attempts to reduce the probability of occurrence or the levels of harms arising from events inherent in technology. The paradox of irrelevant law concerns the black letter law model. Lawyers conjecture frictional rule-implementation cases with imperfect comprehension of the underlying technology. Knee-jerk regulation arises from an unwarranted application of the precautionary principle in response to realized risks and popular outcry.

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