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Lawlessness and the AI Regulatory Landscape
AI posed a new challenge to the traditional view of "doing business"—the need to "do ethics" since regulations are largely absent and business problems and challenges are unlimited.
REGULATION
Navigating the absence of guidance and "the letter of the law"
Law traditionally is the only constraint on business. For most businesses, the drive for profit has long outweighed the need for ethics. Yet, without law, only ethics can guide us, which means business is faced with a learning curve and the work they left behind. Topics of ethics include but are not limited to the following:
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Bias and Discrimination
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Lack of Accountability
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Privacy Violations
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Security Vulnerabilities
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Legal Uncertainty
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Copyright
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Reliability and Accuracy
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Data Security
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Inequality in Access to Justice
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Regulatory Compliance Challenges
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The [EU] AI Act is a European regulation on artificial intelligence (AI) – the first comprehensive regulation on AI by a major regulator anywhere.
The Act assigns applications of AI to three risk categories.
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First, applications and systems that create an unacceptable risk, such as government-run social scoring of the type used in China, are banned.
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Second, high-risk applications, such as a CV-scanning tool that ranks job applicants, are subject to specific legal requirements.
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Lastly, applications not explicitly banned or listed as high-risk are largely left unregulated. (EU AI ACT)
For businesses navigating the global AI regulatory landscape must be a priority because jurisdictions around the world have not take a unified to address the challenges brought by AI.
But it is not only the implications of AI that can cause legal situations to arise, instead varying expectations and protections, as well as overlap of existing laws, has only made navigating this moment more challenging.
The International Association of Privacy Professionals (IAPP) has their own resources to assist those tackling governance challenge. Those resources may be found under additional resources under their AI definitions page.
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Under Additional AI Resources, see also:
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Artificial Intelligence topic page
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AI Governance Dashboard newsletter
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Global AI Legislation Tracker
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Key Terms for AI Governance
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Privacy and AI Governance Report
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The IAPP AI Governance Center
"DAIL – the Database of AI Litigation [US]
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This database presents information about ongoing and completed litigation involving artificial intelligence, including machine learning.
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It covers cases from complaint forward – as soon as we learn of them – whether or not they generate published decisions.
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It is intended to be broad in scope, covering everything from algorithms used in hiring and credit and criminal sentencing decisions to liability for accidents involving autonomous vehicles.
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It also includes some cases concerning statistical analysis and data protection that may not directly involve artificial intelligence, but that are of particular relevance to AI projects.
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It includes cases addressing whether AIs can be authors of works protected by copyright law, or inventors of inventions protected by patent law.
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It does not include litigation concerning patents that may involve artificial intelligence or machine learning.