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Research Handbook on the Law of Artificial Intelligence
The field of artificial intelligence (AI) has made tremendous advances in the last two decades, but as smart as AI is now, it is getting smarter and becoming more autonomous. This raises a host of challenges to current legal doctrine, including whether AI/algorithms should count as ‘speech’, whether AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered as an agent under agency law or be held responsible for injuries under tort law. This book contains chapters from US and international law scholars on the role of law in an age of increasingly smart AI, addressing these and other issues that are critical to the evolution of the field.
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Contributors
Contents
More Information
The field of artificial intelligence (AI) has made tremendous advances in the last few decades, but as smart as AI is now, it is getting exponentially smarter and becoming more autonomous in its actions. This raises a host of challenges to current legal doctrine, including whether the output of AI entities should count as ‘speech’, the extent to which AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered an independent agent and responsible for its actions under the law of tort or agency. Containing chapters written by leading U.S., EU, and International law scholars, the Research Handbook presents current law, statutes, and regulations on the role of law in an age of increasingly smart AI, addressing issues of law that are critical to the evolution of AI and its role in society.
To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be “content” to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques.
This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of “law and AI”will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems.
To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be “content” to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques.
This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of “law and AI”will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems.
Contributors
Contributors: W. Barfield, S. Bayern, S.J. Blodgett-Ford, R.G.A. Bone, T. Burri, A. Chin, J.A. Cubert, M. de Cock Buning, S. De Conca, S-.A. Elvy, A. Ezrachi, R. Leenes, Y. Lev-Aretz, A.R. Lodder, R.P. Loui, T.M. Massaro, L.T. McCarty, J.O. McGinnis, F. Moslein, H. Norton, N. Packin, U. Pagallo, S. Quattrocolo, W. Samore, F. Shimpo, M.E. Stucke, R. van den Hoven van Genderen, L. Vertinsky, A. von Ungern-Sternberg, J.F. Weaver, Y-.H. Weng, I. Wildhaber
Contents
Contents:
Forward: Curtis E. A. Karnow
Part I Introduction to Law and Artificial Intelligence
1. Towards a Law of Artificial Intelligence
Woodrow Barfield
2. Accelerating AI
John O. McGinnis
3. Finding the Right Balance in Artificial Intelligence and Law
L. Thorne McCarty
4. Learning Algorithms and Discrimination
Nizan Packin and Yafit Lev-Aretz
5. The Principal Japanese AI and Robot Strategy and Research Toward Establishing Basic Principles
Fumio Shimpo
Part II Regulation of Artificial Intelligence
6. Artificial Intelligence and Private Law
Shawn Bayern
7. Regulation of Artificial Intelligence
John Frank Weaver
8. Legal Personhood in the Age of Artificially Intelligent Robots
Robert van den Hoven van Genderen
9. Autonomous Driving: Regulatory Challenges Raised by Artificial Decision-Making and Tragic Choices
Antje von Ungern-Sternberg
Part III Fundamental Rights and Constitutional Law Issues
10. Artificial Intelligence and Privacy- AI Enters the House Through the Cloud
Ronald Leenes and Silvia De Conca
11. Future Privacy: A Real Right to Privacy for Artificial Intelligence
S. J. Blodgett-Ford
12. Artificial Intelligence and the First Amendment
Toni M. Massaro and Helen Norton
13. Data Algorithms and Privacy in Surveillance: On Stages, Numbers, and the Human Factor
Arno R. Lodder and Ronald P. Loui
14. The Impact of AI on Criminal Law, and its Twofold Procedures
Ugo Pagallo and Serena Quattrocolo
Patrt IV Intellectual Property
15. The Law of Artificial Intelligence Intellectual Property
Jeremy A. Cubert and Richard G. A. Bone
16. Kinematically Abstract Claims in Surgical Robotics Patents
Andrew Chin
17. Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious?
William Samore
18. Thinking Machines and Patent Law
Liza Vertinsky
19. Artificial Intelligence and the Creative Industry: New Challenges for the EU Paradigm for Art and Technology by Autonomous Creation
Madeleine de Cock Buning
Part V Applications of Artificial Intelligence
20. Free Movement of Algorithms: Artificially Intelligent Persons Conquer the European Union’s Internal Market
Thomas Burri
21. The Artificially Intelligent Internet of Things and Article 2 of the Uniform Commercial Code
Stacy-Ann Elvy
22. Artificial Intelligence and Robotics, the Workplace, and Workplace-Related Law
Isabelle Wildhaber
23. Robotics Law 1.0: On Social System Design for Artificial Intelligence
Yueh-Hsuan Weng
24. Antitrust, Algorithmic Pricing and Tacit Collusion
Maurice E. Stucke and Ariel Ezrachi
25. Robots in the Boardroom: Artificial Intelligence and Corporate Law
Florian Möslein
Index
Forward: Curtis E. A. Karnow
Part I Introduction to Law and Artificial Intelligence
1. Towards a Law of Artificial Intelligence
Woodrow Barfield
2. Accelerating AI
John O. McGinnis
3. Finding the Right Balance in Artificial Intelligence and Law
L. Thorne McCarty
4. Learning Algorithms and Discrimination
Nizan Packin and Yafit Lev-Aretz
5. The Principal Japanese AI and Robot Strategy and Research Toward Establishing Basic Principles
Fumio Shimpo
Part II Regulation of Artificial Intelligence
6. Artificial Intelligence and Private Law
Shawn Bayern
7. Regulation of Artificial Intelligence
John Frank Weaver
8. Legal Personhood in the Age of Artificially Intelligent Robots
Robert van den Hoven van Genderen
9. Autonomous Driving: Regulatory Challenges Raised by Artificial Decision-Making and Tragic Choices
Antje von Ungern-Sternberg
Part III Fundamental Rights and Constitutional Law Issues
10. Artificial Intelligence and Privacy- AI Enters the House Through the Cloud
Ronald Leenes and Silvia De Conca
11. Future Privacy: A Real Right to Privacy for Artificial Intelligence
S. J. Blodgett-Ford
12. Artificial Intelligence and the First Amendment
Toni M. Massaro and Helen Norton
13. Data Algorithms and Privacy in Surveillance: On Stages, Numbers, and the Human Factor
Arno R. Lodder and Ronald P. Loui
14. The Impact of AI on Criminal Law, and its Twofold Procedures
Ugo Pagallo and Serena Quattrocolo
Patrt IV Intellectual Property
15. The Law of Artificial Intelligence Intellectual Property
Jeremy A. Cubert and Richard G. A. Bone
16. Kinematically Abstract Claims in Surgical Robotics Patents
Andrew Chin
17. Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious?
William Samore
18. Thinking Machines and Patent Law
Liza Vertinsky
19. Artificial Intelligence and the Creative Industry: New Challenges for the EU Paradigm for Art and Technology by Autonomous Creation
Madeleine de Cock Buning
Part V Applications of Artificial Intelligence
20. Free Movement of Algorithms: Artificially Intelligent Persons Conquer the European Union’s Internal Market
Thomas Burri
21. The Artificially Intelligent Internet of Things and Article 2 of the Uniform Commercial Code
Stacy-Ann Elvy
22. Artificial Intelligence and Robotics, the Workplace, and Workplace-Related Law
Isabelle Wildhaber
23. Robotics Law 1.0: On Social System Design for Artificial Intelligence
Yueh-Hsuan Weng
24. Antitrust, Algorithmic Pricing and Tacit Collusion
Maurice E. Stucke and Ariel Ezrachi
25. Robots in the Boardroom: Artificial Intelligence and Corporate Law
Florian Möslein
Index
