ABSTRACT
Today, societal life is increasingly conducted in the digital sphere, in which two core attributes are prominent: this sphere is entirely controlled by enormous technology companies, and these companies are increasingly deploying artificial intelligence (AI) technologies. This reality generates a severe threat to democratic principles and human rights. Therefore, regulating the conduct of the companies ruling the digital sphere is an urgent agenda worldwide. Policymakers and legislatures around the world are taking their first steps in establishing a digital governance regime, with leading proposals in the EU. Although it is understood that there is a necessity to adopt a comprehensive framework for imposing accountability standards on technology companies and on the operation of AI technologies, traditional perceptions regarding the limits of intervention in the private sector and contemporary perceptions regarding the limits of antitrust tools hinder such legal moves …
Fischman Afori, Orit, Global Digital Governance Through the Back Door of Corporate Regulation (September 11, 2022). Fordham Intellectual Property, Media & Entertainment Law Journal, Forthcoming.
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