Experimental Regulations for AI: Sandboxes for Morals and Mores

31 Pages Posted: 6 May 2021 Last revised: 12 Jul 2021

See all articles by Sofia Ranchordas

Sofia Ranchordas

University of Groningen, Faculty of Law; Libera Universita Internazionale degli Studi Sociali; Yale Law School - Information Society Project

Date Written: May 4, 2021

Abstract

Recent EU legislative and policy initiatives aim to offer flexible, innovation-friendly, and future-proof regulatory frameworks. Key examples are the EU Coordinated Plan on AI and the recently published EU AI Regulation Proposal which refer to the importance of experimenting with regulatory sandboxes so as to balance innovation in AI against its potential risks. Originally developed in the Fintech sector, regulatory sandboxes create a testbed for a selected number of innovative projects, by waiving otherwise applicable rules, guiding compliance, or customizing enforcement. Despite the burgeoning literature on regulatory sandboxes and the regulation of AI, the legal, methodological, and ethical challenges of regulatory sandboxes have remained understudied. This exploratory article delves into the some of the benefits and intricacies of employing experimental legal instruments in the context of the regulation of AI. This article’s contribution is twofold: first, it contextualizes the adoption of regulatory sandboxes in the broader discussion on experimental approaches to regulation; second, it offers a reflection on the steps ahead for the design and implementation of AI regulatory sandboxes.

Keywords: Artificial Intelligence, regulatory sandboxes, AI, technology, innovation, law, regulation, experimental regulations, experimental legal regimes, EU AI Regulation

JEL Classification: K20, K1

Suggested Citation

Ranchordas, Sofia, Experimental Regulations for AI: Sandboxes for Morals and Mores (May 4, 2021). University of Groningen Faculty of Law Research Paper No. 7/2021, Available at SSRN: https://ssrn.com/abstract=3839744 or http://dx.doi.org/10.2139/ssrn.3839744

Sofia Ranchordas (Contact Author)

University of Groningen, Faculty of Law ( email )

Oude Kijk in 't Straat
Harmoniecomplex
9700 AS Groningen, Gn 9712
Netherlands

HOME PAGE: http://www.rug.nl/staff/s.h.ranchordas/

Libera Universita Internazionale degli Studi Sociali ( email )

Rome
Italy

Yale Law School - Information Society Project ( email )

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New Haven, CT 06520-8215
United States

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