AI ethics and ordoliberalism 2.0: towards a ‘Digital Bill of Rights’

Abstract

This article analyzes AI ethics from a distinct business ethics perspective, i.e., ‘ordoliberalism 2.0.’ It argues that the ongoing discourse on (generative) AI relies too much on corporate self-regulation and voluntary codes of conduct and thus lacks adequate governance mechanisms. To address these issues, the paper suggests not only introducing hard-law legislation with a more effective oversight structure but also merging already existing AI guidelines with an ordoliberal-inspired regulatory and competition policy. However, this link between AI ethics, regulation, and antitrust is not yet adequately discussed in the academic literature and beyond. The paper thus closes a significant gap in the academic literature and adds to the predominantly legal-political and philosophical discourse on AI governance. The paper’s research questions and goals are twofold: first, it identifies ordoliberal-inspired AI ethics principles that could serve as the foundation for a ‘digital bill of rights.’ Second, it shows how those principles could be implemented at the macro level with the help of ordoliberal competition and regulatory policy.