The AI Regulatory Pyramid: A Taxonomy & Analysis of the Emerging Toolbox in the Global Race for the Regulation and Governance of Artificial Intelligence
Keynote lecture, Loyola Law Review Annual Symposium, 2024.
40 Pages Posted: 9 Apr 2024
Date Written: January 24, 2024
Abstract
This article, written for Loyola’s AI symposium, brings together the two significant developments of the end of 2023: the lightspeed private development of AI and the quest for public regulation and oversight of our newfound technological capabilities. The disagreement between OpenAI’s board and CEO is symptomatic of the great power and discretion private corporate leaders currently have in shaping the future of AI, and indeed of humanity. Countries and the global community hope to catch up with industry developments and use a range of regulatory tools and governance models to shape the technologies moving forward. At the same time, this article contends that the quest to regulate AI must be debated within updated theories of regulation and governance. The pervasiveness and proliferation of algorithms and automation is perhaps the defining shift of our time. It is ironic that current debates and proposals about regulating the foremost cutting-edge technologies of our times are too often framed within an outmoded and narrow conception of regulation. The taxonomy and new regulatory approaches presented in this article seek to help policymakers as well as legal scholars avoid a dichotomous narrative of AI as either utopian or dystopian and avoid regulatory structures that rigidify the field. AI is transforming health, education, finance, law, transportation, and work. The challenge is to dynamically direct and harness this ever-changing technology in service of our ongoing public commitment to fairness, equity, and welfare.
Keywords: artificial intelligence, regulation, policy, taxonomy, technology, equity, privacy
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