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.
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