AI as a Challenge for Legal Regulation – The Scope of Application of the Artificial Intelligence Act Proposal

ERA Forum (2023) 23:361-376

16 Pages Posted: 27 Jul 2023

Date Written: December 15, 2022

Abstract

The proposal for the Artificial Intelligence Act is the first comprehensive attempt to legally regulate AI. Not merely because of this pioneering role, the draft has been the subject of controversial debates about whether it uses the right regulatory technique, regarding its scope of application and whether it has sufficient protective effect. Moreover, systematic questions arise as to how the regulation of constantly evolving, dynamic technologies can succeed using the means of the law. The choice of the designation as Artificial Intelligence Act leads to legal-theoretical questions of concept formation as a legal method and legislative technique. This article examines the difficulties of regulating the concept of AI using the scope of the Artificial Intelligence Act as an example.

Note:

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Keywords: Artificial Intelligence, Scope of application, AIA, European Commission, Legal definitions, Regulation, Union Law, Artificial Intelligence Act

Suggested Citation

Ruschemeier, Hannah, AI as a Challenge for Legal Regulation – The Scope of Application of the Artificial Intelligence Act Proposal (December 15, 2022). ERA Forum (2023) 23:361-376, Available at SSRN: https://ssrn.com/abstract=4521458

Hannah Ruschemeier (Contact Author)

FernUniversität in Hagen ( email )

Universitätsstrasse
Hagen, 58084
Germany

HOME PAGE: http://www.fernuni-hagen.de/prof-ruschemeier/en/

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