Hartzog et al. on Against AI Half Measures

Woodrow Hartzog (Boston U Law) et al. have posted “Against AI Half Measures” (77 Florida Law Review (forthcoming 2026)) on SSRN. Here is the abstract:

So far, U.S. policy for artificial intelligence has largely consisted of industry-led approaches like encouraging transparency, mitigating bias, promoting principles of ethics, and empowering people. These approaches are vital, but they are only half measures. To bring AI within the rule of law, lawmakers must start drawing substantive lines. 

In this essay, we identify four AI regulatory approaches as half measures. First, transparency does not produce accountability on its own. Next, while mitigating bias in AI systems is critical, even unbiased systems are a threat to the vulnerable. Third, while “AI ethics” are important, they are a poor substitute for laws. Finally, empowering people in their individual choices misses the larger questions about the distribution of power and collective wellbeing.

Instead of these half measures, we recommend that lawmakers reject the idea that AI systems are neutral and inevitable. When lawmakers go straight to putting up half-hearted guardrails, they fail to ask the existential question about whether some AI systems should exist at all. To avoid the mistakes of the past, lawmakers must make the hard calls. And AI half measures will certainly not be enough.

Eto et al. on Beyond Belmont: Convening a National Initiative to Update U.S. Research Ethics Principles for the Age of AI

Tamiko Eto (Stanford U) and Heather Miller (Independent Consultant) have posted “Beyond Belmont: Convening a National Initiative to Update U.S. Research Ethics Principles for the Age of AI” on SSRN. Here is the abstract:

The Belmont Report’s principles have defined U.S. research ethics for decades. However, the rapid evolution of data-driven and AI research has exposed critical gaps that these principles cannot address (Lin & Zhicheng, 2024). While the foundational values outlined in the Belmont Report (respect for persons, beneficence, and justice) remain, they do not guide today’s research ethics or AI research risks, especially with regard to “human data subjects” whose data powers AI systems even when they are not traditional research participants. This paper presents empirical research into IRB professional experiences with AI research oversight and a proposed national initiative to address oversight gaps. Through qualitative case study interviews with Institutional Review Board (IRB)/Human Research Protection Program (HRPP) professionals, we document the specific challenges these regulatory bodies face when reviewing AI research protocols, their familiarity with the application of existing ethical frameworks, and their perspectives on updating foundational principles. Data collection is currently underway. Preliminary findings will ground our proposal for a public-engagement initiative, provisionally termed “Belmont 2.0,” which we are convening with support from the Center for AI & Digital Policy (CAIDP). Full analysis will be presented at the International Association for Safe & Ethical AI (IASEA) conference in February 2026. We address this urgent need through a coordinated, multi-stakeholder effort to update U.S. research ethics principles to meet the unprecedented challenges presented by the digital age. We are seeking organizational partners to co-lead this work. What emerges could become a defining ethical foundation for 21st-century research globally, not only in the United States.

Chen et al. on The “Zhejiang Model” from China: A Novel Framework for AI Ethics Governance Through Leading-Enterprise-Driven Symbiosis

Ye Chen (affiliation not provided to SSRN) et al. have posted “The “Zhejiang Model” from China: A Novel Framework for AI Ethics Governance Through Leading-Enterprise-Driven Symbiosis” on SSRN. Here is the abstract:

The rapid advancement of artificial intelligence (AI) introduces not only socio-economic benefits but also significant ethical risks, including algorithmic bias, data misuse, and loss of control. Addressing these challenges requires innovative governance frameworks that can balance regulation with innovation. This study explores a novel approach from China’s digital economy pioneer, Zhejiang Province, where the collaboration between leading enterprises—categorized as the “Six Dragons of Hangzhou” (e.g., DeepSeek, Unitree Robotics) and the “Six Giants of Zhejiang” (e.g., Alibaba Cloud, Hikvision)—has catalyzed the emergence of a distinctive leading-enterprise-driven symbiosis. We term the resulting systematic framework the “Zhejiang Model.” This model integrates three synergistic components to form a comprehensive governance ecosystem: (a) Two Institutional Innovations: The Zhejiang AI Ethics Governance Regulations and Developer Ethics Liability Insurance establish a “hard constraints + soft safeguards” mechanism. (b) Three Technical Pathways: The AI Ethics & Safety Lab, Industrial Brain Ethics Middleware, and Zhejiang AI Ethics Toolkit operationalize “compliance by design.” (c) A Collaborative Initiative: The Zhejiang AI Ethics Symbiosis Initiative fosters multi-stakeholder co-governance. By articulating this tripartite framework, the study demonstrates how coordinated self-regulation among leading firms, under government guidance, creates a symbiotic ecosystem for AI ethics. The Zhejiang Model thus offers a replicable blueprint for constructing effective, adaptive, and culturally situated AI governance systems.

Zhai et al. on Pseudo Artificial Intelligence Bias

Xiaoming Zhai (The U Georgia) and Joseph Krajcik (Michigan State U CREATE STEM Institute) have posted “Pseudo Artificial Intelligence Bias” on SSRN. Here is the abstract:

Pseudo artificial intelligence bias (PAIB) is broadly disseminated in the literature, which can result in unnecessary AI fear in society, exacerbate the enduring inequities and disparities in access to and sharing the benefits of AI applications, and waste social capital invested in AI research. This study systematically reviews publications in the literature to present three types of PAIBs identified due to (a) misunderstandings, (b) pseudo mechanical bias, and (c) overexpectations. We discuss the consequences of and solutions to PAIBs, including certifying users for AI applications to mitigate AI fears, providing customized user guidance for AI applications, and developing systematic approaches to monitor bias. We concluded that PAIB, due to misunderstandings, pseudo mechanical bias, and overexpectations of algorithmic predictions, is socially harmful.

Tillipman on What Rights Do AI Companies Have in Government Contracts?

Jessica Tillipman (George Washington U Law) has posted “What Rights Do AI Companies Have in Government Contracts?” (Nextgov/FCW (2026).) on SSRN. Here is the abstract:

The Anthropic-Pentagon dispute has generated widespread commentary but fundamental confusion about whether contractors can restrict the government’s use of their products. This article argues the question is not novel. The scope of permissible restrictions depends on the acquisition pathway, the contract type, and the negotiated terms. The article surveys the principal pathways through which the federal government acquires AI and examines OpenAI’s published Pentagon contract language, which adopts an “any lawful use” standard conditioned on existing legal authorities. A critical tension emerges: although the contract facially permits broad use, OpenAI’s retained architectural control over its cloud-only deployment and safety infrastructure may impose practical constraints exceeding those Anthropic sought through express contractual restrictions. The article concludes that the public debate has focused on the wrong question. The more consequential governance failure is the government’s inability to secure adequate transparency, audit rights, and safeguards when procuring AI through commercial pathways not designed for technologies this complex and consequential.

Salas on Digital Intimacy with AI Companions: When Vulnerability becomes a Business Risk – A Governance Framework for AI Companion Companies

Sandra Sanchez Salas (Independent researcher) has posted “Digital Intimacy with AI Companions: When Vulnerability becomes a Business Risk – A Governance Framework for AI Companion Companies” on SSRN. Here is the abstract:

AI companions—digital entities designed to simulate human relationships through psychological manipulation techniques such as friendship, romantic relationships, or emotional support—represent a rapidly growing industry projected to reach $290 billion by 2034. These platforms deliberately architect emotional dependencies through sophisticated psychological manipulation techniques, targeting users experiencing loneliness, isolation, or social vulnerability. While promising comfort and support, AI companions create unprecedented governance challenges when companies prioritize engagement optimization over user welfare.

The tragic suicide of fourteen-year-old Sewell Setzer III following intensive interaction with Character.AI’s chatbot represents a preventable consequence of inadequate governance, crystallizing the urgent need for comprehensive governance frameworks that can protect vulnerable users while preserving innovation. The landmark Garcia v. Character Technologies ruling—the first federal court decision to deny Section 230 immunity for AI-generated content—establishes that platforms employing psychological manipulation assume enhanced duties of care proportional to their sophistication and knowledge of user vulnerability.

This analysis presents an integrated governance framework combining enhanced corporate oversight under evolving Caremark doctrine, privacy-by-design architecture, technology-embedded legal counsel, and transparent voluntary self-regulation through multi-agency coordination. The framework addresses critical gaps in traditional Governance, Risk, and Compliance (GRC) approaches that prove structurally inadequate for managing real-time psychological risks created by emotional AI platforms. Rather than waiting for regulatory mandates or navigating fragmented state-by-state requirements, the proposed voluntary registry enables companies to demonstrate authentic commitment to user protection while capturing competitive advantages through verified safety leadership.

The voluntary framework leverages existing regulatory expertise through multi-agency coordination involving the Federal Trade Commission, Food and Drug Administration, and National Institute of Standards and Technology, avoiding new bureaucratic structures while enabling specialized focus on AI companion governance challenges especially with minors and vulnerable populations. A four-tier classification system addresses the full spectrum of AI companion relationships—from therapeutic applications requiring clinical oversight to adult intimate platforms demanding maximum privacy protection—while establishing universal baseline safety standards across all registered platforms.

The framework transforms potential regulatory compliance burden into strategic business advantage by demonstrating that comprehensive user protection enhances rather than constrains technological innovation. Companies implementing voluntary standards position themselves advantageously for inevitable regulatory expansion while building sustainable competitive advantages through governance excellence that competitors cannot easily replicate. Early adopters capture brand equity, operational expertise, and stakeholder relationships that provide lasting advantages in markets where trust and safety increasingly determine long-term success.

Beyond immediate business benefits, the voluntary framework provides foundation for American leadership in global AI governance by demonstrating that market-driven solutions can achieve protective outcomes while preserving the innovation autonomy that characterizes American technological competitiveness. The approach enables US companies to influence international policy development rather than merely responding to foreign regulatory mandates, positioning voluntary excellence as an export product that spreads American approaches to responsible innovation worldwide.

Paredes on AI Governance in Motion: Aligning Form, Fit, and Context Amid Decentralization

Luis Lozano Paredes (U Technology Sydney (UTS)) has posted “AI Governance in Motion: Aligning Form, Fit, and Context Amid Decentralization” on SSRN. Here is the abstract:

This paper argues that effective private AI governance in decentralized settings emerges when institutional form (rules/structure) is iteratively aligned with operational fit (what actually works) under shifting context (market, regulatory, ethical pressures). Using a comparative, qualitative multiple-case design, I analyze Prime Intellect (protocol/DAO), EleutherAI (open collective), and Hugging Face (platform-community hybrid) through Ostrom’s design principles, Alexander’s form-fit-context lens, and polycentric political economy. I identify three recurrent alignment strategies: (1) incentive-encoded protocol governance (Prime Intellect), (2) normative transparency and open science (EleutherAI), and (3) layered platform governance with community co-production (Hugging Face). Across cases, alignment succeeds when boundaries, participation, monitoring, and conflict resolution co-evolve with external pressures; it falters with risks of token-weighted oligarchy, volunteer fatigue, or scale-induced moderation burdens. The contribution is twofold: a portable alignment rubric for assessing private AI governance (form-fit-context) and evidence that polycentric, privately ordered institutions can complement-or sometimes substitute for-public regulation. I conclude by reframing AI as a hyperobject-like entity and discuss the implications for “governance with/in” AI infrastructures, rather than “of” AI from the outside.

Kuker on When Opt-Outs Fail Us: Charting a More Effective Course for Attribution & Monetization on AI Platforms

Hannah Kuker (U Miami) has posted “When Opt-Outs Fail Us: Charting a More Effective Course for Attribution & Monetization on AI Platforms” on SSRN. Here is the abstract:

At present, improvements to AI image-generating technology have been forestalled at the crossroads of the very debate through which intellectual property law was born: the balance between the protection of individual creator rights and the progression of science and the useful arts. These interests at odds have been reflected in recent legal turmoil inundating the court system between artists and AI developers. In the interim, the legislature and tech industry alike have been advocating for an “opt-out,” or “notice and consent,” approach to assembling training datasets. Yet, notice and consent frameworks have been historically ineffective, with complexity and opaque information flows creating a false appearance of user autonomy. We face this illusion of control should we adopt an opt-out approach to AI training dataset permissions. Because opt-outs are locationspecific, they ignore downstream copying, which is misleading for artists who believe if they have opted-out once, they have done so successfully across the board. AI companies are primed to manipulate this environment, exploiting artists’ inability to effectively opt-out, all under the guise of compliance. At the same time, we must recognize the profound impact AI can have on the arts-a potential that falls flat without rich, diverse, and high-quality training data. There exists a need for an alternative that respects the interests of both parties, or better yet encourages positive relationships between them. This Essay offers that solution. It calls for the regulation of data provenance recording practices by AI developers to facilitate mechanisms for attribution and monetization without sacrificing AI functionality. This Essay’s proposal avoids the pitfalls of opt-out schemas to preserve the key promises of intellectual property law.

Khoo on Of Data and Dissent: Labour and Human Rights at the Crossroads of the Automation Agenda

Cynthia Khoo (Tekhnos Law) has posted “Of Data and Dissent: Labour and Human Rights at the Crossroads of the Automation Agenda” on SSRN. Here is the abstract:

With every advent of a new technological phase — whether social media, big data, machine learning algorithms, or generative artificial intelligence (AI) — one fundamental task among many falls to legal scholars and practitioners, adjudicators, and lawmakers to confront: determining what the new technology changes, what it does not, and where and how the differences matter (legally and otherwise). To that end, this talk will address issues such as how algorithmic discrimination differs from “analog” discrimination; how society and our laws should view human labour in a time when so much more of it seems instantly replicable by machines; and the connection between how automated decision-making works and proposed changes to liability frameworks when it comes to AI.

What will become clear through this discussion is one thing that has never changed: technology is about power. Questions of technology thus carry particular weight in contexts built around systemic power imbalances, whether as a matter of workplace relations or human rights law. Drawing on a panoply of work by lawyers, academics, researchers, and grassroots community experts in various interdisciplinary combinations of law, computer science, labour, human rights, science and technology studies, and algorithmic accountability scholarship, this keynote will challenge the audience to reconceptualize AI not as a “neutral tool” or coherent technical object, but as, to quote anthropologist and computer scientist Ali Alkhatib, “an ideological project to shift” power, and consider the consequences of ignoring what that means for our legal and human rights.

Chen on The Algorithmic Curtain: Geopolitical Polarisation and the Fragmentation of Global AI Governance

Zihan Chen (Tsinghua U) has posted “The Algorithmic Curtain: Geopolitical Polarisation and the Fragmentation of Global AI Governance” on SSRN. Here is the abstract:

This article investigates the new ethical, legal, and geopolitical challenges that the rapid proliferation of artificial intelligence presents to international law. The central argument is that the current fragmentation of AI governance is not an incidental outcome, but a deliberate manifestation of competing visions for digital sovereignty. The analysis examines several core dimensions of this phenomenon, including the rise of geopolitical “walled gardens” driven by regional restrictions, creating an “algorithmic curtain”. It also analyzes the emergence of three distinct and competing governance models led by the European Union, the United States, and China, each rooted in different legal philosophies and strategic priorities. Furthermore, the article explores the profound sociological consequences of this divergence, such as the exacerbation of the global “North-South” AI divide and the erosion of a universal digital commons. Drawing a historical analogy from the commercialization of outer space, the analysis shows how differing approaches to data governance, national security, and innovation are erecting this algorithmic curtain, challenging the universality of human rights and hindering global cooperation. The article concludes by proposing a polycentric governance architecture focused on interoperability and harmonization of baseline standards to mitigate the most severe consequences of this geopolitical division.