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.

Asay on Artificial Creators

Clark D. Asay (Brigham Young U J. Reuben Clark Law) has posted “Artificial Creators” (2 George Washington Journal of Law and Technology (forthcoming 2026)) on SSRN. Here is the abstract:

Artificial intelligence systems cannot be inventors or authors under current U.S. law. On that point, the U.S. Patent and Trademark Office and the U.S. Copyright Office agree. Yet beyond that, the two regimes sharply diverge. The USPTO has adopted a more flexible approach to AI-assisted invention, permitting extensive AI involvement so long as a human being can be said to have conceived of the claimed invention. The Copyright Office, by contrast, has taken a far more restrictive stance, effectively denying registration to works whose expressive elements are generated by AI—even where humans engage in detailed, iterative prompting and exercise some amount of creative direction.

This Essay explores the reasons for that divergence and questions whether it is justified. While copyright’s idea–expression dichotomy and independent creation requirement may appear to provide some justification for copyright law’s more restrictive approach, those doctrines do not compel the Copyright Office’s denial of copyright registration in AI-assisted works. Indeed, copyright law has long accommodated technologically mediated creativity—from photography to film—by focusing on human control and creative contribution rather than the mechanics of execution.

Drawing on patent law’s conception requirement, as well as copyright doctrines governing joint authorship and derivative works, this Essay argues that copyrightability standards should move more in patent law’s direction. Where a human meaningfully conceives of and directs the realization of a work—even if AI performs substantial expressive tasks—copyright law should recognize authorship at least to the extent of the human’s creative contribution. Failing to do so risks undermining copyright’s incentive structure and distorting the future development of creative industries in an era where AI assistance is increasingly ubiquitous.

Zhang et al. on Balancing Data-Driven Competition and Privacy Protection: A Duopoly Analysis of AI-Powered Digital Assistants

Xiong Zhang (Beijing Jiaotong U) et al. have posted “Balancing Data-Driven Competition and Privacy Protection: A Duopoly Analysis of AI-Powered Digital Assistants” on SSRN. Here is the abstract:

Artificial Intelligence (AI) is rapidly empowering smart products, enhancing both work efficiency and quality of life. However, these improvements rely heavily on the continuous collection and processing of user data, raising significant concerns about privacy. In response, many countries have enacted regulations to protect personal data and consumer privacy. This study examines how privacy protection influences market competition in AI-powered digital assistant markets. We develop a stylized analytical model of a duopoly where firms differ in their ability to collect and monetize consumer data. The results reveal that stronger AI capabilities amplify the profitability of data-intensive firms, while data-light firms can strategically strengthen privacy protection to remain competitive, thereby generating mutual profit gains and enhancing consumer surplus as well as overall social welfare. These findings contribute to the theoretical understanding of data-driven competition and digital privacy management, while offering actionable insights for firms seeking to balance innovation, consumer trust, and regulatory compliance in smart product markets.

Shucha on Getting Started with GenAI in Legal Practice

Bonnie J. Shucha (U Wisconsin Law) has posted “Getting Started with GenAI in Legal Practice” (97 Wis. Law. 29 (2024)) on SSRN. Here is the abstract:

This article offers advice for approaching generative artificial intelligence (GenAI) in legal practice, examines types of GenAI tools and key policy considerations, and provides a step-by-step approach to building competence.