Technology As Regulation: Tensions, Transitions, and Tectonic Shifts in Governance
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Roger Brownsword
Abstract
This chapter focuses on technology as regulation, on the various tools that now can be deployed for governance purposes, particularly for channeling conduct and dealing with disputes. Potentially, these tools, which can operate in the service of rules as well as alongside humans, but which might also be deployed to replace both humans and governance by rules, represent a tectonic shift in the plates of governance. However, any transition to technological regulation will not be without some tension. While support for technology as regulation is likely to build on discontent with law’s imperfect and all too human governance by rules, there is likely to be resistance where the tools are applied in ways that violate fundamental values (such as human dignity and privacy), where the tools (or their promoters) are not ‘trusted,’ and where applications are judged to deviate from being ‘human-centric’.
Abstract
This chapter focuses on technology as regulation, on the various tools that now can be deployed for governance purposes, particularly for channeling conduct and dealing with disputes. Potentially, these tools, which can operate in the service of rules as well as alongside humans, but which might also be deployed to replace both humans and governance by rules, represent a tectonic shift in the plates of governance. However, any transition to technological regulation will not be without some tension. While support for technology as regulation is likely to build on discontent with law’s imperfect and all too human governance by rules, there is likely to be resistance where the tools are applied in ways that violate fundamental values (such as human dignity and privacy), where the tools (or their promoters) are not ‘trusted,’ and where applications are judged to deviate from being ‘human-centric’.
Kapitel in diesem Buch
- Frontmatter I
- Contents V
- Authors’ Biographies IX
- Introduction 1
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Part I: Digital Technologies and Social Transformation
- Cyber-Humans and Robotics 7
- Online Disinformation: Regulatory Issues and Approaches in the European Legal Landscape 31
- Agile Governance: Japanese Approach to Governing Cyber-Physical Systems 53
- Blockchain and Access to Justice 75
- Data Protection, Privacy, and Unfalsifiable Predictions 95
- The WTO in the Digital Age of Artificial Intelligence and the Future of Global Trade Governance: Some Fundamental Considerations 123
- When EU Law Meets (Large) Language Models 147
- The Charge of AI Systems, Smart Robots, and Information Technologies in Healthcare: A Normative Look into the Future 173
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Part II: The Legal Framework
- Sovereign Powers and Digital Liberties 191
- Technology As Regulation: Tensions, Transitions, and Tectonic Shifts in Governance 211
- The Law of Data-Driven Trade 229
- From AI Risks to Legal and Ethical AI Governance: A Four-Dimension Framework 251
- Agents and Persons? AI Systems Acting in the World and the Limits of Legal Personality 279
- Regulation by Design: Reshaping the Relationship between Technology Development and Law 303
- AI in the Courtroom: The Right to a Human Judge? 327
- Regulating AI Autonomy: A Constitutional Framework for the Digital Era 353
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Part III: Key Normative Challenges
- The Social Classification of Robots by Perceived Race and Gender 383
- Mission Impossible? Artificial Intelligence, Space Debris, and the Legal Implications for Space Sustainability 417
- Fintech: A Renaissance moment for Finance and its Regulation? 445
- Data Protection as a Normative Problem 483
- Artificial Intelligence for Sustainability and Sustainability of Artificial Intelligence: The approach of the EU AI Act 503
- Research Data Governance in a Digital Age 525
- From AI Ethics Principles to Practices: A Teleological Methodology to Apply AI Ethics Principles in the Defense Domain 549
- Labor Law and Automated Systems in the EU 571
- Index
Kapitel in diesem Buch
- Frontmatter I
- Contents V
- Authors’ Biographies IX
- Introduction 1
-
Part I: Digital Technologies and Social Transformation
- Cyber-Humans and Robotics 7
- Online Disinformation: Regulatory Issues and Approaches in the European Legal Landscape 31
- Agile Governance: Japanese Approach to Governing Cyber-Physical Systems 53
- Blockchain and Access to Justice 75
- Data Protection, Privacy, and Unfalsifiable Predictions 95
- The WTO in the Digital Age of Artificial Intelligence and the Future of Global Trade Governance: Some Fundamental Considerations 123
- When EU Law Meets (Large) Language Models 147
- The Charge of AI Systems, Smart Robots, and Information Technologies in Healthcare: A Normative Look into the Future 173
-
Part II: The Legal Framework
- Sovereign Powers and Digital Liberties 191
- Technology As Regulation: Tensions, Transitions, and Tectonic Shifts in Governance 211
- The Law of Data-Driven Trade 229
- From AI Risks to Legal and Ethical AI Governance: A Four-Dimension Framework 251
- Agents and Persons? AI Systems Acting in the World and the Limits of Legal Personality 279
- Regulation by Design: Reshaping the Relationship between Technology Development and Law 303
- AI in the Courtroom: The Right to a Human Judge? 327
- Regulating AI Autonomy: A Constitutional Framework for the Digital Era 353
-
Part III: Key Normative Challenges
- The Social Classification of Robots by Perceived Race and Gender 383
- Mission Impossible? Artificial Intelligence, Space Debris, and the Legal Implications for Space Sustainability 417
- Fintech: A Renaissance moment for Finance and its Regulation? 445
- Data Protection as a Normative Problem 483
- Artificial Intelligence for Sustainability and Sustainability of Artificial Intelligence: The approach of the EU AI Act 503
- Research Data Governance in a Digital Age 525
- From AI Ethics Principles to Practices: A Teleological Methodology to Apply AI Ethics Principles in the Defense Domain 549
- Labor Law and Automated Systems in the EU 571
- Index
