AI as a challenge for legal regulation – the scope of application of the artificial intelligence act proposal

Hannah Ruschemeier

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Digitalization, Law, and Regulation Ethics and Social Impacts of AI Artificial Intelligence in Law

Abstract

Abstract The proposal for the Artificial Intelligence Act is the first comprehensive attempt to legally regulate AI. Not merely because of this pioneering role, the draft has been the subject of controversial debates about whether it uses the right regulatory technique, regarding its scope of application and whether it has sufficient protective effect. Moreover, systematic questions arise as to how the regulation of constantly evolving, dynamic technologies can succeed using the means of the law. The choice of the designation as Artificial Intelligence Act leads to legal-theoretical questions of concept formation as a legal method and legislative technique. This article examines the difficulties of regulating the concept of AI using the scope of the Artificial Intelligence Act as an example.

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2016The ethics of algorithms: Mapping the debate 2004Disruptive Technology Reconsidered: A Critique and Research Agenda 2004On the Rule of Law 2021Demystifying the Draft EU Artificial Intelligence Act — Analysing the good, the bad, and the unclear elements of the proposed approach 2013To Save Everything, Click Here: Technology, Solutionism, and the Urge to Fix Problems that Don't Exist 2021Four Responsibility Gaps with Artificial Intelligence: Why they Matter and How to Address them 2022capAI - A Procedure for Conducting Conformity Assessment of AI Systems in Line with the EU Artificial Intelligence Act 2021How the EU Can Achieve Legally Trustworthy AI: A Response to the European Commission’s Proposal for an Artificial Intelligence Act

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