MVV347K AI, Law, and Governance
Lecture 2 – Governance of AI
Question: Can we rely on existing legal mechanisms (privacy, consumer protection,
contract)?
Application of hard law in specific areas (i.e., already regulated)
• Autonomous vehicles
• Healthcare
• Finance
• Cybersecurity
Application of privacy law
Application of criminal laws
Application of antitrust / competition laws
Legal precedents from around the world
The role of contract law and insurance to manage risk for developers and other participants
Application of soft law
• e.g., Singapore Model AI Governance Framework
• Good data accountability practices
o Data lineage issues
o Ensuring data quality
o Minimizing inherent bias
o Different datasets for training, testing, and validation
• Algorithms and Models
o Enhancing the transparency and trustworthiness of algorithms in AI
o The ‘black box’ problem
• Other foundational AI ethical principles
o EU draft ethic guidelines for trustworthy AI
o China – development of model framework
Global overview of emerging laws and regulations
Most countries are adopting a ‘wait and see’ approach, at the same time, the EU is the most
active player in shaping the legal and regulatory landscape
EU
The AI Act https://eur-lex.europa.eu/TodayOJ/
EU Artificial Intelligence Act: The European Approach to AI
https://futurium.ec.europa.eu/sites/default/files/2021-
10/Kop_EU%20Artificial%20Intelligence%20Act%20-
%20The%20European%20Approach%20to%20AI_21092021_0.pdf
US
The Blueprint for an AI Bill of Rights https://www.whitehouse.gov/ostp/ai-bill-of-rights/
The EU and U.S. diverge on AI regulation: A transatlantic comparison and steps to alignment
https://www.brookings.edu/research/the-eu-and-us-diverge-on-ai-regulation-a-transatlantic-
comparison-and-steps-to-alignment/
US Artificial Intelligence Regulations: Watch List for 2023
https://www.goodwinlaw.com/en/insights/publications/2023/04/04_12-us-artificial-intelligence-
regulations
UK
AI regulation: a pro-innovation approach https://www.gov.uk/government/publications/ai-
regulation-a-pro-innovation-approach
House of Lords Select Committee on AI, AI in the UK: ready, willing and able? (2018)
Singapore
Singapore’s Approach to AI Governance https://www.pdpc.gov.sg/help-and-
resources/2020/01/model-ai-governance-framework
Recommended reading:
Chris Reed, ‘How should we regulate AI?’ (2018); uploaded to IS
Shanno Vallor, Technology and the Virtues: A Philosophical Guide to a Future Worth
Wanting, Chapter 7 (2016); uploaded to IS
Sandra Wachter, Brent Mittelstadt and Luciano Floridi, ‘Why a Right to Explanation of
Automated Decision-Making Does Not Exist in the General Data Protection Regulation’,
(2017); uploaded to IS