Information Technology Law Others AI Law

Regulating Artificial Intelligence

Edited by Thomas Wischmeyer · Timo Rademacher
Springer-Verlag January 2020

Specifications

ISBN-13
9783030323608
Publisher
Springer-Verlag
Publication
January 2020
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

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Details

This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed.

By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage.

At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI.

Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act.

While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like.

The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law.

In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.

Table of Contents

Introduction: Artificial intelligence as opportunity and challenge for law and regulation
Part I. Foundations of AI regulation
Autonomy, self-determination and machine learning-based systems
AI and the fundamental right to data protection
Discriminating against discriminatory systems
AI and e-personhood: A functional approach
Opening the "black box": A constitutional perspective on AI transparency
AI and public goods governance
Part II. Regulation of and through AI
Social media algorithms
Regulating 'legal tech'- challenges to the rule of law
Healthcare and AI
Artificial intelligence and financial markets: Business as usual or in need of regulation?
AI-based risk management in fully automated procedures of taxation
The "smart" administration
Transnational predictive policing and smart borders
Algorithms and criminal justice
Artificial Intelligence and Competition Law
Part III. Conclusions
Good artificial intelligence - regulatory pathways to accountable, legitimate and transparent AI
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