A Sandbox Approach to Regulating High-Risk Artificial Intelligence Applications

European Journal of Risk Regulation, (2022), 13, 270–294, doi:10.1017/err.2021.52

University of Hong Kong Faculty of Law Research Paper No. 2023/20

25 Pages Posted: 6 Mar 2023

See all articles by Jon M. Truby

Jon M. Truby

Newcastle University Law School

Rafael Dean Brown

Qatar University College of Law; Qatar University - Center for Law and Development

Imad Antoine Ibrahim

University of Twente - Department of Governance and Technology for Sustainability; gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom)

Oriol Caudevilla

affiliation not provided to SSRN

Date Written: November 12, 2021

Abstract

This paper argues for a sandbox approach to regulating artificial intelligence (AI) to complement a strict liability regime. The authors argue that sandbox regulation is an appropriate complement to a strict liability approach, given the need to maintain a balance between a regulatory approach that aims to protect people and society on the one hand and to foster innovation due to the constant and rapid developments in the AI field on the other. The authors analyse the benefits of sandbox regulation when used as a supplement to a strict liability regime, which by itself creates a chilling effect on AI innovation, especially for small and medium-sized enterprises. The authors propose a regulatory safe space in the AI sector through sandbox regulation, an idea already embraced by European Union regulators and where AI products and services can be tested within safeguards.

Keywords: artificial intelligence, sandbox regulation, strict liabilit,y fault-based liability, EU regulation

JEL Classification: K3

Suggested Citation

Truby, Jon M. and Brown, Rafael and Ibrahim, Imad Antoine and Caudevilla, Oriol, A Sandbox Approach to Regulating High-Risk Artificial Intelligence Applications (November 12, 2021). European Journal of Risk Regulation, (2022), 13, 270–294, doi:10.1017/err.2021.52, University of Hong Kong Faculty of Law Research Paper No. 2023/20, Available at SSRN: https://ssrn.com/abstract=4373418

Jon M. Truby

Newcastle University Law School ( email )

Newcastle upon Tyne, NE1 7RU
United Kingdom

Rafael Brown

Qatar University College of Law ( email )

College of Law
Doha, 2713
Qatar

Qatar University - Center for Law and Development ( email )

PO Box 2713
Doha
Qatar

Imad Antoine Ibrahim

University of Twente - Department of Governance and Technology for Sustainability ( email )

PO Box 217
7500 A.E. Enschede
Netherlands

HOME PAGE: http://https://people.utwente.nl/i.ibrahim

gLAWcal - Global Law Initiatives for Sustainable Development (United Kingdom) ( email )

52 East Quay, Wapping Quay
Liverpool, L3 4BU
United Kingdom

Oriol Caudevilla (Contact Author)

affiliation not provided to SSRN

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