Transitioning from Ideas to Action: Trends in the Enforcement of Soft Law for the Governance of Artificial Intelligence

IEEE - Transactions on Technology and Society

9 Pages Posted: 4 Sep 2021

See all articles by Carlos Ignacio Gutierrez

Carlos Ignacio Gutierrez

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

Date Written: September 2, 2021

Abstract

As a governance tool, the advantages of soft law (e.g. lack of jurisdiction, minimal barriers of entry, and disposition for experimentation) make it a viable alternative to manage emerging technologies that are continuously evolving. A barrier to soft law’s utilization is its most cited weakness, a reliance on the alignment of incentives for its enforcement. Nevertheless, organizations throughout the globe have created mechanisms to ensure that the ideas within programs are transformed into action. This article explores the trends in the use of such mechanisms within soft law programs to govern methods and applications of artificial intelligence (AI). Using a database of over 600 AI soft law programs, this piece identifies the diverse array of options available to organizations in their efforts to implement and enforce their programs.

Keywords: Artificial Intelligence, Soft Law, Governance of Emerging Technologies, Organizational Practices in the Enforcement and Implementation of Soft Law.

Suggested Citation

Gutierrez, Carlos Ignacio, Transitioning from Ideas to Action: Trends in the Enforcement of Soft Law for the Governance of Artificial Intelligence (September 2, 2021). IEEE - Transactions on Technology and Society, Available at SSRN: https://ssrn.com/abstract=3916496

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/

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