Gary E. Marchant (Arizona State University, Sandra Day O’Connor College of Law), Lucille Tournas (Arizona State University, Sandra Day O’Connor College of Law), and Carlos Ignacio Gutierrez (Arizona State University, Sandra Day O’Connor College of Law) have posted “Governing Emerging Technologies Through Soft Law: Lessons for Artificial Intelligence” (Jurimetrics, Vol. 61, Issue No. 1 (Fall 2020)) to SSRN. Here is the abstract:
Artificial Intelligence (AI) is positioned to be a foundational technology in most industrial sectors, societal interactions, as well as in many other technological advantages. AI is rapidly evolving with the promise of bettering our businesses, keeping us safer, and transforming us into a better society. At the same time, we know there will be concerns, some anticipated, and many that will develop alongside the technology itself. Its ubiquitous nature and rapid pace of development make traditional governance structures difficult to impose. However, there are a number of “soft-law” or non-legally binding tools that offer the flexibility needed to foster innovation safely.