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    • 9/119/11 jährt sich zum 20. Mal. Welche Spuren hat dieses Ereignis in der globalen und nationalen Verfassungs- und Menschenrechtsarchitektur hinterlassen? Dieser Frage wollen wir in einer Folge von Online-Symposien nachgehen. Gefördert von der Bundeszentrale für politische Bildung bringen wir Rechtswissenschaftler_innen aus verschiedenen Regionen und Rechtskulturen darüber ins Gespräch, was aus den Erfahrungen der vergangenen zwei Jahrzehnte in Hinblick auf Völkerrecht und internationale Menschenrechte, Asyl und Migration, Überwachung im öffentlichen und privaten Raum, Presse- und Informationsfreiheit, Menschenwürde sowie Rechtsstaatlichkeit und Justiz zu lernen ist.

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07 April 2023
Hannah Ruschemeier

Squaring the Circle

The Italian Data Protection Authority banned ChatGPT for violating EU data protection law. As training and operating large language models like ChatGPT requires massive amounts of (personal) data, AI's future in Europe, to an extent, hinges upon the GDPR. Continue reading >>
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24 Januar 2023
Merve Hickok, Marc Rotenberg, Karine Caunes

The Council of Europe Creates a Black Box for AI Policy

The Council of Europe Committee on AI has made a startling decision to carry forward future work on the development of an international convention on AI behind closed doors, despite the Council’s call for the Democratic Governance of Artificial Intelligence in a 2020 resolution. It is a surprising move from an international organization that has been at the forefront of efforts to promote greater transparency and accountability for the technology that is transforming the world. Continue reading >>
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19 August 2022
Haydn Belfield, Shin-Shin Hua

Compute and Antitrust

Compute or computing power refers to a software and hardware stack, such as in a data centre or computer, engineered for AI-specific applications. We argue that the antitrust and regulatory literature to date has failed to pay sufficient attention to compute, despite compute being a key input to AI progress and services, the potentially substantial market power of companies in the supply chain, and the advantages of compute as a ‘unit’ of regulation in terms of detection and remedies. Continue reading >>
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18 August 2022
Shin-Shin Hua, Haydn Belfield

Effective Enforceability of EU Competition Law Under Different AI Development Scenarios

This post examines whether competition law can remain effective in prospective AI development scenarios by looking at six variables for AI development: capability of AI systems, speed of development, key inputs, technical architectures, number of actors, and the nature and relationship of these actors. For each of these, we analyse how different scenarios could impact effective enforceability. In some of these scenarios, EU competition law would remain a strong lever of control; in others it could be significantly weakened. We argue that despite challenges to regulators' ability to detect and remedy breaches, in many future scenarios the effective enforceability of EU competition law remains strong. Continue reading >>
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12 August 2022
Oren Perez

Extra-Constitutional Commitment Mechanisms

The solution to many public dilemmas requires long-term effort by successive generations. Such situation arises whenever the solution to a public dilemma cannot be implemented instantaneously but is dependent on the continuous effort of future governments (and their citizens). In this post I discuss the problem of securing intergenerational cooperation, focusing on the challenge of designing long-term commitment mechanisms. I will also reflect briefly on the tension between commitment mechanisms and the democratic ideal of citizen sovereignty (allowing each generation to make its own choices). Continue reading >>
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11 August 2022
Ondrej Bajgar, Jan Horenovsky

Narrow Rules are not Enough

With continuing proliferation of increasingly capable AI systems, we will need regulation to address the associated risks. Since our ability to foresee such future risks is very limited, our best bet is to base such regulation on relatively general principles, rather than narrow rules. We think that negative human rights with their existing broad international support could form a suitable foundation both for flexible regulation and for the associated technical solutions. Continue reading >>
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09 August 2022
Matthijs Maas

Paths Untaken

If the development of certain technologies, such as advanced, unaligned AI, would be as dangerous as some have suggested, a long-termist legal perspective might advocate a strategy of technological delay—or even restraint—to avoid a default outcome of catastrophe. To many, restraint–a decision to withhold indefinitely from the development, or at least deployment, of the technology–might look implausible. However, history offers a surprising array of cases where strategically promising technologies were delayed, abandoned, or left unbuilt, even though many at the time perceived their development as inevitable. Continue reading >>
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04 April 2022
Marten Breuer

The Council of Europe as an AI Standard Setter

On 4 April 2022, Member States of the Council of Europe commences negotiations on the world’s first international binding legal instrument in the field of artificial intelligence. The CoE has a large reservoir of both experience and expertise in the field of standard setting, as far as the three key priorities are concerned: promoting human rights, democracy, and the rule of law. Given the undisputed need for regulating AI activities, the CoE appears a prime candidate for this undertaking. Continue reading >>
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03 April 2022
Anuj Puri

Rule of Law, AI, and “the Individual”

The institutional safeguards formulated under the Rule of Law tend to focus on “an individual” or “the individual” who can be the bearer of the rights and protections it awards. This pre-digital formulation worked well in an era where law was the pre-eminent form of social regulation. However, increasingly, individual interests are impacted not only on the basis of the actions and choices of the concerned individual, but also on the basis of data collected about her social context and that of other similarly situated individuals. In order to reconcile these tensions, in this blog, I argue for supplementing the existing individual protections recognized under the Rule of Law framework with recognition of collective interests in order to strengthen the Rule of Law in the age of AI. Continue reading >>
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01 April 2022
Jacob Livingston Slosser, Henrik Palmer Olsen, Thomas Hildebrandt

Thoughts on the Black Box: Getting to Cooperative Intelligence in Public Administration

The requirement of explanation for administrative decisions can be found, in one guise or another, in most legal systems. This requirement is a positive obligation on decision-makers in public administrative bodies (among others) to provide the legal basis for their decision. With the continuing growth of artificial intelligence/machine learning technologies being used to streamline administrative decision-making, providing for a right to explanation from black box algorithmic decision-making systems is not a straightforward endeavor. Continue reading >>
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