S. The Emerging Law of Artificial Intelligence

Artificial Intelligence (AI) is one of the most hyped technologies of our time, and is gradually being integrated in all societal domains. Yet along with its opportunities, AI’s development and use also raises a number of ethical and legal concerns, to which regulators across the world are paying increased attention. Both at the national and at the international level, new regulatory initiatives to address AI’s risks are mushrooming. These initiatives are meant to complement or expand the (interpretation of the) rules and principles that already govern AI, and ensure the legal framework remains up to date. This seminar will examine the emerging law of artificial intelligence. After introducing its main features, the first part of the seminar focuses on AI’s regulatory concerns, covering themes like privacy, equality, human dignity, democracy, market power and the rule of law. Both the existing legal frameworks (from non-discrimination law to consumer protection law) touching upon these domains, and their legal gaps, will be considered. The second part explores the regulatory toolbox that policymakers can use to address AI’s concerns, along with the challenges they face when doing so. This will be illustrated by discussing and comparing (new) regulatory initiatives for AI across jurisdictions, including the EU, the US and China. In addition, the seminar will examine AI policies and norms developed by international organizations, such as the UN, UNESCO, the OECD and the Council of Europe to assess whether an international law of AI is starting to emerge.