Artificial Intelligence and the Law

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...) the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

The article argues that AI can enhance the measurement and implementation of democratic processes within political parties, known as Intra-Party Democracy (IPD). It identifies the limitations of traditional methods for measuring IPD, which often rely on formal parameters, self-reported data, and tools like surveys. Such limitations lead to the collection of partial data, rare updates, and significant demands on resources. To address these issues, the article suggests that specific data management and Machine Learning (ML) techniques, such as natural language processing (...) and sentiment analysis, can improve the measurement (ML about) and practice (ML for) of IPD. The article concludes by considering some of the principal risks of ML for IPD, including concerns over data privacy, the potential for manipulation, and the dangers of overreliance on technology. (shrink)

Regulation by design (RBD) is a growing research field that explores, develops, and criticises the regulative function of design. In this article, we provide a qualitative thematic synthesis of the existing literature. The aim is to explore and analyse RBD's core features, practices, limitations, and related governance implications. To fulfil this aim, we examine the extant literature on RBD in the context of digital technologies. We start by identifying and structuring the core features of RBD, namely the goals, regulators, regulatees, (...) methods, and technologies. Building on that structure, we distinguish between three types of RBD practices: compliance by design, value creation by design, and optimisation by design. We then explore the challenges and limitations of RBD practices, which stem from risks associated with compliance by design, contextual limitations, or methodological uncertainty. Finally, we examine the governance implications of RBD and outline possible future directions of the research field and its practices. (shrink)

The present narrative review seeks to unravel where we are now, and where we need to go to delineate the active ingredients in psychotherapy delivered by conversational agents (e.g., chatbots). While psychotherapy delivered by conversational agents has shown promising effectiveness for depression, anxiety, and psychological distress across several randomized controlled trials, little emphasis has been placed on the therapeutic processes in these interventions. The theoretical framework of this narrative review is grounded in prominent perspectives on the active ingredients in psychotherapy. (...) Based on search terms derived from various theoretical perspectives, we conducted a systematic literature search of four scientific databases and identified 17 studies. Across the selected studies, three themes emerged: relationship variables, emotional venting, and cognitive factors. While methodological issues compromise the epistemic value of this evidence base, core questions also remain to be answered. Such questions include, but are not limited to, whether humans can form affectionate bonds to inanimate beings and whether these kind of mental health treatments should be understood as psychotherapy or something else. Researchers should therefore be cautious when applying theories of psychotherapy in the realm of conversational agents. We conclude the paper by introducing recommendations for future research, which we hope will help instigate methodologically sound studies in this field. (shrink)

As China and the United States strive to be the primary global leader in AI, their visions are coming into conflict. This is frequently painted as a fundamental clash of civilisations, with evidence based primarily around each country’s current political system and present geopolitical tensions. However, such a narrow view claims to extrapolate into the future from an analysis of a momentary situation, ignoring a wealth of historical factors that influence each country’s prevailing philosophy of technology and thus their overarching (...) AI strategies. In this article, we build a philosophy-of-technology-grounded framework to analyse what differences in Chinese and American AI policies exist and, on a fundamental level, why they exist. We support this with Natural Language Processing methods to provide an evidentiary basis for our analysis of policy differences. By looking at documents from three different American presidential administrations––Barack Obama, Donald Trump, and Joe Biden––as well as both national and local policy documents (many available only in Chinese) from China, we provide a thorough comparative analysis of policy differences. This article fills a gap in US–China AI policy comparison and constructs a framework for understanding the origin and trajectory of policy differences. By investigating what factors are informing each country’s philosophy of technology and thus their overall approach to AI policy, we argue that while significant obstacles to cooperation remain, there is room for dialogue and mutual growth. (shrink)

Mark Coeckelbergh starts his book with a very powerful picture based on a real incident: On the 9th of January 2020, Robert Williams was wrongfully arrested by Detroit police officers in front of his two young daughters, wife and neighbors. For 18 hours the police would not disclose the grounds for his arrest (American Civil Liberties Union 2020; Hill 2020). The decision to arrest him was primarily based on a facial detection algorithm which matched Mr. Williams’ driving license photo with (...) the picture of a man who was suspected of watch theft two years earlier. Not only did the computer ‘get it wrong’ as one of the detectives said, when Mr. Williams made them aware that the picture of the suspect obviously wasn’t resembling him, the probably unreliable algorithm very likely contributed to racial discrimination (Hill 2020). It is well documented that many available facial detection algorithms at this time had significant problems (e.g. a comparably high false positive rate) with respect to black persons, like Mr. Williams (NIST 2019). Multiple causes may exist, such as unbalanced training datasets and insufficient optimization. Coeckelbergh compares the disturbing case of Mr. Williams with a political interpretation of Franz Kafka’s The Trial, where the protagonist, Josef K., is accused of an unspecified crime by an opaque, oppressive and absurd bureaucracy: “In the 21st-century United States, Josef K. is black and is falsely accused by an algorithm, without explanation” (p. 2). (shrink)

While generative AI shares some similarities with previous technological breakthroughs, it also raises unique challenges for containing social and economic harms. State approaches to AI governance vary; some lay a foundation for transnational governance whereas others do not. We consider some technical dimensions of AI safety in both open and closed systems, as well as the ideas that are presently percolating to safeguard their future development. Examining initiatives for the global community and for the coalition of open societies, we argue (...) for building a dual-track interactive strategy for containing AI’s potentially nightmarish unintended consequences. We conclude that AI safety is AI governance, which means that pluralist efforts to bridge gaps between theory and practice are critical for democratic sustainability. (shrink)

The US is promoting a new vision of a “Good AI Society” through its recent AI Bill of Rights. This offers a promising vision of community-oriented equity unique amongst peer countries. However, it leaves the door open for potential rights violations. Furthermore, it may have some federal impact, but it is non-binding, and without concrete legislation, the private sector is likely to ignore it.

In recent years, policymakers, academics, and practitioners have increasingly called for the development of global governance mechanisms for artificial intelligence (AI). This paper considers the prospects for these calls in light of two other geopolitical trends: digital sovereignty and digital expansionism. While calls for global AI governance promote the surrender of some state sovereignty over AI, digital sovereignty and expansionism seek to secure greater state control over digital technologies. To demystify the tensions between these trends and their potential consequences, we (...) undertake a case analysis of digital sovereignty and digital expansionism in China, the European Union, and the United States. We argue that the extraterritoriality embedded in these three actors’ policies and escalatory competitive narratives, particularly those from the US, will likely undermine substantive global AI governance cooperation. However, nascent areas of alignment or compromise, notably in data governance and technical standards, could prove fruitful starting points for building trust in multilateral fora, such as the G20 or United Nations. (shrink)

Since the announcement and establishment of the Oversight Board (OB) by the technology company Meta as an independent institution reviewing Facebook and Instagram’s content moderation decisions, the OB has been subjected to scholarly scrutiny ranging from praise to criticism. However, there is currently no overarching framework for understanding the OB’s various strengths and weaknesses. Consequently, this article analyses, organises, and supplements academic literature, news articles, and Meta and OB documents to understand the OB’s strengths and weaknesses and how it can (...) be improved. Significant strengths include its ability to enhance the transparency of content moderation decisions and processes, to effect reform indirectly through policy recommendations, and its assertiveness in interpreting its jurisdiction and overruling Meta. Significant weaknesses include its limited jurisdiction, limited impact, Meta’s control over the OB’s precedent, and its lack of diversity. The analysis of a recent OB case in Ethiopia shows these strengths and weaknesses in practice. The OB’s relationship with Meta and governments will lead to challenges and opportunities shaping its future development. Reforms to the OB should improve the OB’s control over its precedent, apply OB precedent to currently disputed cases, and clarify the standards for invoking OB precedent. Finally, these reforms provide the foundation for an additional improvement to address the OB’s institutional weaknesses, by involving users in determining whether the OB’s precedent should be applied to decide current content moderation disputes. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

A review and commentary on Killing By Remote Control: the Ethics of an Unmanned Military, edited by Bradley Jay Strawser (forward by Jeff McMahan), (Oxford University Press). -/- .