{"title":"Adjudication of Artificial Intelligence and Automated Decision-Making Cases in Europe and the USA","authors":"Elif Kiesow Cortez, Nestor Maslej","doi":"10.1017/err.2023.61","DOIUrl":null,"url":null,"abstract":"Abstract Artificial Intelligence (AI) has started to impact many facets of the economy and people’s routine activities. This article contributes to our understanding of how the legal system is reacting to the ongoing uptake of AI and the disputes or right infringements this uptake creates. Select legal cases regarding the use of AI technology for automated decisions are reviewed, with a focus on filings in Europe and the USA. This exercise reveals which type of legal challenges can be expected when it comes to deploying automated systems in these jurisdictions. Additionally, incipient regulatory efforts targeting AI on both sides of the North Atlantic are introduced and briefly discussed. The paper sheds light on how different legal systems accommodate an emerging technology with disruptive potential and offers a mapping of exemplary legal risks for prospective actors or organisations seeking to develop and deploy AI.","PeriodicalId":46207,"journal":{"name":"European Journal of Risk Regulation","volume":null,"pages":null},"PeriodicalIF":1.8000,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Risk Regulation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/err.2023.61","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Artificial Intelligence (AI) has started to impact many facets of the economy and people’s routine activities. This article contributes to our understanding of how the legal system is reacting to the ongoing uptake of AI and the disputes or right infringements this uptake creates. Select legal cases regarding the use of AI technology for automated decisions are reviewed, with a focus on filings in Europe and the USA. This exercise reveals which type of legal challenges can be expected when it comes to deploying automated systems in these jurisdictions. Additionally, incipient regulatory efforts targeting AI on both sides of the North Atlantic are introduced and briefly discussed. The paper sheds light on how different legal systems accommodate an emerging technology with disruptive potential and offers a mapping of exemplary legal risks for prospective actors or organisations seeking to develop and deploy AI.
期刊介绍:
European Journal of Risk Regulation is an interdisciplinary forum bringing together legal practitioners, academics, risk analysts and policymakers in a dialogue on how risks to individuals’ health, safety and the environment are regulated across policy domains globally. The journal’s wide scope encourages exploration of public health, safety and environmental aspects of pharmaceuticals, food and other consumer products alongside a wider interpretation of risk, which includes financial regulation, technology-related risks, natural disasters and terrorism.