One way in which the law is often related to new technological developments is as an external restriction. Lawyers are frequently asked whether a new technology is compatible with the law. This implies an asymmetry between technology and the law. Technology appears dynamic, the law stable. We know, however, that this image of the relationship between technology and the law is skewed. The right to data protection itself is an innovative reaction to the law from the early days of mass computing and automated data processing. The paper explores how an essential aspect of AI-technologies, their lack of transparency, might support a different understanding of the right to data protection. From this different perspective, the right to data protection is not regarded as a fundamental right of its own but rather as a doctrinal enhancement of each fundamental right against the abstract dangers of digital data collection and processing. This understanding of the right to data protection shifts the perspective from the individual data processing operation to the data processing system and the abstract dangers connected with it. The systems would not be measured by how they can avoid or justify the processing of some personal data but by the effectiveness of the mechanisms employed to avert the abstract dangers associated with a specific system. This shift in perspective should also allow an assessment of AI-systems despite their lack of transparency.
{"title":"Artificial Intelligence and the Right to Data Protection","authors":"Ralf Poscher","doi":"10.2139/SSRN.3769159","DOIUrl":"https://doi.org/10.2139/SSRN.3769159","url":null,"abstract":"One way in which the law is often related to new technological developments is as an external restriction. Lawyers are frequently asked whether a new technology is compatible with the law. This implies an asymmetry between technology and the law. Technology appears dynamic, the law stable. We know, however, that this image of the relationship between technology and the law is skewed. The right to data protection itself is an innovative reaction to the law from the early days of mass computing and automated data processing. The paper explores how an essential aspect of AI-technologies, their lack of transparency, might support a different understanding of the right to data protection. From this different perspective, the right to data protection is not regarded as a fundamental right of its own but rather as a doctrinal enhancement of each fundamental right against the abstract dangers of digital data collection and processing. This understanding of the right to data protection shifts the perspective from the individual data processing operation to the data processing system and the abstract dangers connected with it. The systems would not be measured by how they can avoid or justify the processing of some personal data but by the effectiveness of the mechanisms employed to avert the abstract dangers associated with a specific system. This shift in perspective should also allow an assessment of AI-systems despite their lack of transparency.","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116311424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.024
Sangchul Park, Yong Lim, Haksoo Ko
{"title":"Data Governance and Trust: Lessons from South Korean Experiences Coping with COVID-19","authors":"Sangchul Park, Yong Lim, Haksoo Ko","doi":"10.1017/9781009207898.024","DOIUrl":"https://doi.org/10.1017/9781009207898.024","url":null,"abstract":"","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128462404","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.012
Weixing Shen, Yun Liu
Progress in Artificial Intelligence (AI) technology has brought us novel experiences in many fields and has profoundly changed industrial production, social governance, public services, business marketing, and consumer experience. Currently, a number of AI technology products or services have been successfully produced in the fields of industrial intelligence, smart cities, self-driving cars, smart courts, intelligent recommendations, facial recognition applications, smart investment consultants, and intelligent robots. At the same time, the risks of fairness, transparency, and stability of AI have also posed widespread concerns among regulators and the public. We might have to endure security risks when enjoying the benefits brought by AI development, or otherwise to bridge the gap between innovation and security for the sustainable development of AI. The Notice of the State Council on Issuing the Development Plan on the New Generation of Artificial Intelligence declares that China is devoted to becoming one of the world’s major AI innovation centers. It lists four dimensions of construction goals: AI theory and technology systems, industry competitiveness, scientific innovation and talent cultivation, and governance norms and policy framework. Specifically, by 2020, initial steps to build AI ethical norms and policies and legislation in related fields has been completed; by 2025, initial steps to establish AI laws and regulations, ethical norms and policy framework, and to develop AI security assessment and governance capabilities shall be accomplished; and by 2030, more complete AI laws and regulations, ethical norms, and policy systems shall be accomplished. Under the guidance of the plan, all relevant departments in Chinese authorities are actively building a normative governance system with equal emphasis on soft and hard laws. This chapter focuses on China’s efforts in the area of responsible AI, mainly from the perspective of the evolution of the normative system, and it introduces some recent legislative actions. The chapter proceeds mainly in two parts. In the first part, we would present the process of development from soft law to hard law through a comprehensive view on the normative system of responsible AI in China. In the second part, we set out a legal framework for responsible AI with four dimensions: data, algorithms, platforms, and application scenarios, based on statutory requirements for responsible AI in China in terms of existing and developing
{"title":"China's Normative Systems for Responsible AI: From Soft Law to Hard Law","authors":"Weixing Shen, Yun Liu","doi":"10.1017/9781009207898.012","DOIUrl":"https://doi.org/10.1017/9781009207898.012","url":null,"abstract":"Progress in Artificial Intelligence (AI) technology has brought us novel experiences in many fields and has profoundly changed industrial production, social governance, public services, business marketing, and consumer experience. Currently, a number of AI technology products or services have been successfully produced in the fields of industrial intelligence, smart cities, self-driving cars, smart courts, intelligent recommendations, facial recognition applications, smart investment consultants, and intelligent robots. At the same time, the risks of fairness, transparency, and stability of AI have also posed widespread concerns among regulators and the public. We might have to endure security risks when enjoying the benefits brought by AI development, or otherwise to bridge the gap between innovation and security for the sustainable development of AI. The Notice of the State Council on Issuing the Development Plan on the New Generation of Artificial Intelligence declares that China is devoted to becoming one of the world’s major AI innovation centers. It lists four dimensions of construction goals: AI theory and technology systems, industry competitiveness, scientific innovation and talent cultivation, and governance norms and policy framework. Specifically, by 2020, initial steps to build AI ethical norms and policies and legislation in related fields has been completed; by 2025, initial steps to establish AI laws and regulations, ethical norms and policy framework, and to develop AI security assessment and governance capabilities shall be accomplished; and by 2030, more complete AI laws and regulations, ethical norms, and policy systems shall be accomplished. Under the guidance of the plan, all relevant departments in Chinese authorities are actively building a normative governance system with equal emphasis on soft and hard laws. This chapter focuses on China’s efforts in the area of responsible AI, mainly from the perspective of the evolution of the normative system, and it introduces some recent legislative actions. The chapter proceeds mainly in two parts. In the first part, we would present the process of development from soft law to hard law through a comprehensive view on the normative system of responsible AI in China. In the second part, we set out a legal framework for responsible AI with four dimensions: data, algorithms, platforms, and application scenarios, based on statutory requirements for responsible AI in China in terms of existing and developing","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129157220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.011
Thorsten Schmidt, S. Voeneky
{"title":"Fostering the Common Good: An Adaptive Approach Regulating High-Risk AI-Driven Products and Services","authors":"Thorsten Schmidt, S. Voeneky","doi":"10.1017/9781009207898.011","DOIUrl":"https://doi.org/10.1017/9781009207898.011","url":null,"abstract":"","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129483386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.017
J. Hein
{"title":"Forward to the Past: A Critical Evaluation of the European Approach to Artificial Intelligence in Private International Law","authors":"J. Hein","doi":"10.1017/9781009207898.017","DOIUrl":"https://doi.org/10.1017/9781009207898.017","url":null,"abstract":"","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127999553","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.020
A. Ungern-Sternberg
{"title":"Discriminatory AI and the Law: Legal Standards for Algorithmic Profiling","authors":"A. Ungern-Sternberg","doi":"10.1017/9781009207898.020","DOIUrl":"https://doi.org/10.1017/9781009207898.020","url":null,"abstract":"","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130492725","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.006
J. Thoma
It seems undeniable that the coming years will see an ever-increasing reliance on artificial agents that are, on the one hand, autonomous in the sense that they process information and make decisions without continuous human input, and, on the other hand, fall short of the kind of agency that would warrant ascribing moral responsibility to the artificial agent itself. What I have in mind here are artificial agents such as self-driving cars, artificial trading agents in financial markets, nursebots or robot teachers. As these examples illustrate, many such agents make 1
{"title":"Risk Imposition by Artificial Agents: The Moral Proxy Problem","authors":"J. Thoma","doi":"10.1017/9781009207898.006","DOIUrl":"https://doi.org/10.1017/9781009207898.006","url":null,"abstract":"It seems undeniable that the coming years will see an ever-increasing reliance on artificial agents that are, on the one hand, autonomous in the sense that they process information and make decisions without continuous human input, and, on the other hand, fall short of the kind of agency that would warrant ascribing moral responsibility to the artificial agent itself. What I have in mind here are artificial agents such as self-driving cars, artificial trading agents in financial markets, nursebots or robot teachers. As these examples illustrate, many such agents make 1","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123131664","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.035
Ebrahim Afsah
{"title":"Artificial Intelligence, Law, and National Security","authors":"Ebrahim Afsah","doi":"10.1017/9781009207898.035","DOIUrl":"https://doi.org/10.1017/9781009207898.035","url":null,"abstract":"","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123954225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781009207898.027
Stefan Thomas
{"title":"Autonomization and Antitrust: On the Construal of the Cartel Prohibition in the Light of Algorithmic Collusion","authors":"Stefan Thomas","doi":"10.1017/9781009207898.027","DOIUrl":"https://doi.org/10.1017/9781009207898.027","url":null,"abstract":"","PeriodicalId":306343,"journal":{"name":"The Cambridge Handbook of Responsible Artificial Intelligence","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130836740","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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