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Regulating Artificial Intelligence

✍ Scribed by Thomas Wischmeyer, Timo Rademacher


Publisher
Springer
Year
2020
Tongue
English
Leaves
391
Category
Library

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✦ Synopsis


This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.

✦ Table of Contents


Front Matter ....Pages i-xiv
Artificial Intelligence as a Challenge for Law and Regulation (Wolfgang Hoffmann-Riem)....Pages 1-29
Front Matter ....Pages 31-31
Artificial Intelligence and the Fundamental Right to Data Protection: Opening the Door for Technological Innovation and Innovative Protection (Nikolaus Marsch)....Pages 33-52
Artificial Intelligence and Autonomy: Self-Determination in the Age of Automated Systems (Christian Ernst)....Pages 53-73
Artificial Intelligence and Transparency: Opening the Black Box (Thomas Wischmeyer)....Pages 75-101
Artificial Intelligence and Discrimination: Discriminating Against Discriminatory Systems (Alexander Tischbirek)....Pages 103-121
Artificial Intelligence and Legal Personality: Introducing “Teilrechtsfähigkeit”: A Partial Legal Status Made in Germany (Jan-Erik Schirmer)....Pages 123-142
Front Matter ....Pages 143-143
Artificial Intelligence and Social Media (Christoph Krönke)....Pages 145-173
Artificial Intelligence and Legal Tech: Challenges to the Rule of Law (Gabriele Buchholtz)....Pages 175-198
Artificial Intelligence and Administrative Decisions Under Uncertainty (Yoan Hermstrüwer)....Pages 199-223
Artificial Intelligence and Law Enforcement (Timo Rademacher)....Pages 225-254
Artificial Intelligence and the Financial Markets: Business as Usual? (Jakob Schemmel)....Pages 255-276
Artificial Intelligence and Public Governance: Normative Guidelines for Artificial Intelligence in Government and Public Administration (Christian Djeffal)....Pages 277-293
Artificial Intelligence and Taxation: Risk Management in Fully Automated Taxation Procedures (Nadja Braun Binder)....Pages 295-306
Artificial Intelligence and Healthcare: Products and Procedures (Sarah Jabri)....Pages 307-335
Artificial Intelligence in Healthcare: Doctors, Patients and Liabilities (Fruzsina Molnár-Gábor)....Pages 337-360
Artificial Intelligence and Competition Law (Moritz Hennemann)....Pages 361-388

✦ Subjects


IT Law, Media Law, Intellectual Property, Artificial Intelligence


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