Preliminary Results of a Global Database on the Soft Law Governance of Artificial Intelligence

5 Pages Posted: 6 Feb 2021

See all articles by Carlos Ignacio Gutierrez

Carlos Ignacio Gutierrez

RAND Corporation, Pardee RAND Graduate School, Students; Arizona State University (ASU) - Sandra Day O'Connor College of Law

Gary E. Marchant

Arizona State University - College of Law

Alec Carden

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Kaylee Hoffner

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Alexander Kearl

Arizona State University (ASU), Sandra Day O'Connor College of Law

Date Written: December 29, 2020

Abstract

Soft law programs create substantive expectations that are not directly enforceable by government. All kinds of organizations apply soft law to regulate the development or use of methods and applications of artificial intelligence (AI), yet limited scholarship is devoted to studying their prevalence. This article describes the methodology and preliminary results of a project that compiled a global database of AI soft law programs. It uncovers information on the type of organizations that create them, distinguishes how they are enforced, their origin and jurisdiction, influence, and the themes of their text. As developers and users of soft law, stakeholders (private sector, governments, and civil society) face a dearth of information regarding their option space on how to govern AI. The objective of this work is to make available an analysis and compilation of programs that facilitates the creation of effective soft law programs.

Keywords: Soft law, governance of AI, alternative forms of regulating emerging technologies

Suggested Citation

Gutierrez, Carlos Ignacio and Gutierrez, Carlos Ignacio and Marchant, Gary E. and Carden, Alec and Hoffner, Kaylee and Kearl, Alexander, Preliminary Results of a Global Database on the Soft Law Governance of Artificial Intelligence (December 29, 2020). Available at SSRN: https://ssrn.com/abstract=3756939 or http://dx.doi.org/10.2139/ssrn.3756939

Carlos Ignacio Gutierrez (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

HOME PAGE: http://https://www.linkedin.com/in/carlosig/

RAND Corporation, Pardee RAND Graduate School, Students ( email )

1776 Main Street
Santa Monica, CA 90401
United States

Gary E. Marchant

Arizona State University - College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States
(480) 965-3246 (Phone)
(480) 965-2427 (Fax)

Alec Carden

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Kaylee Hoffner

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Alexander Kearl

Arizona State University (ASU), Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ
United States

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