ABSTRACT
Companies and governments now use Artificial Intelligence (‘AI’) in a wide range of settings. But using AI leads to well-known risks that arguably present challenges for a traditional liability model. It is thus unsurprising that lawmakers in both the United States and the European Union (‘EU’) have turned to the tools of risk regulation in governing AI systems. This Article describes the growing convergence around risk regulation in AI governance. It then addresses the question: what does it mean to use risk regulation to govern AI systems? The primary contribution of this Article is to offer an analytic framework for understanding the use of risk regulation as AI governance. It aims to surface the shortcomings of risk regulation as a legal approach, and to enable readers to identify which type of risk regulation is at play in a given law. The theoretical contribution of this Article is to encourage researchers to think about what is gained and what is lost by choosing a particular legal tool for constructing the meaning of AI systems in the law …
Kaminski, Margot E, Regulating the Risks of AI (August 19, 2022), Boston University Law Review, volume 103:1347, 2023; University of Colorado Law Legal Studies Research Paper No 22-21.
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