Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-dlnhk Total loading time: 0 Render date: 2024-11-22T22:45:19.040Z Has data issue: false hasContentIssue false

5 - Emerging Rules on Artificial Intelligence

Trojan Horses of Ethics in the Realm of Law?

from Part I - Effects of Technology on Legal Practice

Published online by Cambridge University Press:  18 November 2021

Larry A. DiMatteo
Affiliation:
University of Florida
André Janssen
Affiliation:
Radboud Universiteit Nijmegen
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Francisco de Elizalde
Affiliation:
IE University Madrid
Michel Cannarsa
Affiliation:
Catholic Lyon University
Mateja Durovic
Affiliation:
King's College London
Get access

Summary

Given that artificial intelligence (AI) and machine learning (ML) count among the key technologies of the digital age, the debate on whether and how to regulate this technology raises some of the most fundamental current questions of lawyering in the digital age.1 In fact, these issues are intensively debated and are particularly controversial. In Germany, for instance, two key institutional players have taken fundamentally different views. On the one hand, the influential ‘Initiative D21’, Germany’s largest non-profit network, dedicated to a digital society and comprising key actors in business, politics, civil society, science and academia, prominently rejects the introduction of any new regulations for algorithms.2 On the other hand, the Data Ethics Commission, a group of sixteen independent experts, created by the Federal Government, ‘holds the view that regulation is necessary, and cannot be replaced by ethical principles’.3 These positions seem to imply that an either-or decision needs to be taken with respect to AI – either ethical principles or legal regulation. At least, both the Initiative D21 and the report of the Data Ethics Commission are based on the understanding of ethical and legal rules as two entirely different categories, two categories that neither overlap nor interfere with one other. This chapter will query that understanding and argue that ethical guidelines and principles may in fact bring about significant legal implications, despite their ethical branding. If this is true, it seems misleading to disguise rules as purely ethical principles, thereby hiding their effective relevance and impact. The relevance of such a potential hardening of soft ethical principles cannot be overstated, given the current emergence of a multitude of such guidelines on AI, at various levels and by different players.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×