Thomas Burri (University of St. Gallen) and Fredrik von Bothmer (DaimlerChrysler) have posted “The New EU Legislation on Artificial Intelligence: A Primer” on SSRN. Here is the abstract:
On 21 April 2021, the Commission presented its long-awaited proposal for new legislation of the European Union on artificial intelligence. This primer explains and discusses the proposed regulation.
Roxana Vatanparast (Harvard Kennedy School; University of Turin) has posted “The Code of Data Capital: A Distributional Analysis of Law in the Global Data Economy” (juridikum 1/2021 98-110 (2021)) on SSRN. Here is the abstract:
The data economy has become an integral part of the global economy. It plays a fundamental role in issues of economic distribution and inequality, which has much to do with the legal arrangements and entitlements that shape it. Yet data and data-driven technologies are often conceptualized in terms that do not seem adequate to capture the role they play in global distribution, or which overlook the law as a key mechanism shaping distributional outcomes. Using a law and political economy approach, this article argues that conceiving of data as capital that is coded by legal mechanisms allows new ways of imagining alternative distributions of the value it generates in the global economy today. The article maps some of the legal entitlements that shape the global data economy and its distributive effects, as well as proposals for alternatives. It concludes that analyses of the distributive effects of the global data economy ought to take into account the fundamental roles that both law and technology play in shaping those effects.
Thomas Streinz (NYU School of Law – Guarini Global Law & Tech) has posted “International Economic Law’s Regulation of Data as a Resource for the Artificial Intelligence Economy” (Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration (Shin-yi Peng, Ching-Fu Lin, Thomas Streinz eds. 2021)) on SSRN. Here is the abstract:
This chapter for a forthcoming volume on artificial intelligence and international economic law surveys regulatory interventions through which governments seek to enhance domestic companies’ access to data: Mandatory data sharing requirements (as under the EU’s new financial services regulations), data transfer restrictions (as under India’s draft ecommerce policy), and open data initiatives (as under Singapore’s ‘smart nation’ initiative)— all seek to make more data available with the aim of spurring innovation and growth in the artificial intelligence economy. Such measures are indirectly affected by existing and newly emerging rules of international economic law. International investment law is likely to be mobilized in defense against governments that seek to mandate data sharing from private data holders, while new rules on “digital trade” are meant to ensure transnational data mobility. In sum, international economic law regulates data in favor of data-holders’ ability to retain control over data location and use and constrains states’ ability to confront asymmetric control over data.