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Artificial Intelligence

Law and Regulation

9781800371712 Edward Elgar Publishing
Edited by Charles Kerrigan, Partner, CMS Cameron McKenna Nabarro Olswang LLP, UK
Publication Date: March 2022 ISBN: 978 1 80037 171 2 Extent: c 616 pp
This timely book provides an extensive overview and analysis of the law and regulation as it applies to the technology and uses of Artificial Intelligence (AI). It examines the human and ethical concerns associated with the technology, the history of AI and AI in commercial contexts.

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This timely book provides an extensive overview and analysis of the law and regulation as it applies to the technology and uses of Artificial Intelligence (AI). It examines the human and ethical concerns associated with the technology, the history of AI and AI in commercial contexts.

Written by outstanding lawyers, technologists and other professionals, this book will help readers acquire an understanding of the taxonomy of AI, the legal rules that apply to AI and the way AI has been utilised in various commercial contexts.

Key Features:

• Explanation of the technology and practical legal issues relating to the use of AI
• Exploration of AI in the traditional legal categories; including contract and tort law
• Chapters written by procurement, legaltech, algorithm auditing and other professionals
• Use cases from the main industries utilising the technology, such as financial services, real estate and insurance

Artificial Intelligence will help to further readers’ engagement with AI and enable them to ask themselves the right questions while doing so. It will prove a crucial reference point for all lawyers, policy makers and academics with an interest in the interaction between law and AI, and to any lawyer with clients that use or consider using AI in their business.

Critical Acclaim
‘A fantastic legal and practical guide – the lawyer and layperson will find this a great insight into this important topic.’
– Susan Draper, Global Growth Capital

‘Charles Kerrigan’s book is an extremely interesting and accessible guide on a subject growing in importance every day. This book demonstrates clearly how AI is a subject matter where law and regulation is as important as the tech itself, and gives some examples of the role that law can – and will need to – play in this space. Charles goes into some of the most relevant ethical debates in this subject. He has got together a team of experts representing a very wide cross-section of law and industry and gives an impressively wide range of thoughts and viewpoints.’
– Erica Stanford, CMS Cameron McKenna Nabarro Olswang LLP, UK
Contributors
Contributors include: Jason G. Allen, Birgitte Andersen, Stephen Ashurst, Stefano Barazza, Jeremy Barnett, Matthew Bennett, Peter Church, Richard Cumbley, Dana Denis-Smith, Nick Doffman, William Dunning, Rachel Free, Kushal Gandhi, Claudia Giannoni, Richard Hay, Petko Karamotchev, Emre Kazim, Stephen Kenny, Charles Kerrigan, Nick Kirby, Adriano Koshiyama, Sophia Le Vesconte, Hannah Yee-Fen Lim, A.P. Moore, Charlotte Payne, Martin Petrin, Suzanne Rab, Patricia ShawIain Sheridan, Minesh Tanna, Richard Tromans, Oliver Vercoe, Tirath Virdee, Vanessa Whitman, Roland Wiring
Contents
Contents:

Foreword by Philip Treleaven xxiv
Preface xxvi
Table of cases xxviii
Table of legislation xxix
PART I INTRODUCTORY MATERIALS
1 Introductory essay 2
Charles Kerrigan
2 Themes of the chapters 24
Charles Kerrigan
3 Introduction to AI 30
Charles Kerrigan
with contributions from Suzanne Rab, Stephen Kenny QC, Charlotte Payne and Jason G Allen
4 Understanding AI 37
Tirath Virdee
PART II LEGAL
5 Corporate governance 57
Martin Petrin
6 Regulation 85
Hannah Yee-Fen Lim
7 Commercial contracts 109
Iain Sheridan
8 Commercial trade 133
Minesh Tanna and William Dunning
9 Agency and liability 146
Jason G Allen
10 Data and data protection 163
Peter Church and Richard Cumbley
11 Competition law 196
Suzanne Rab
12 Intellectual property 212
Rachel Free
13 Employment 238
Dana Denis-Smith
14 Disputes and litigation 250
Kushal Gandhi and Vanessa Whitman
PART III INDUSTRIES
15 Artificial intelligence and financial regulation 267
Richard Hay and Sophia Le Vesconte
16 Insurance 303
Stephen Kenny QC and Charlotte Payne
17 Retail and consumer 327
Matthew Bennett
18 Healthcare 340
Roland Wiring
19 Telecoms and connectivity 355
Suzanne Rab
20 Real estate 378
AP Moore, Claudia Giannoni, Nick Kirby and Nick Doffman
PART IV HUMAN AI
21 Ethics 398
Patricia Shaw
22 Bias and discrimination 422
Minesh Tanna and William Dunning
23 Public policy and government 443
Birgitte Andersen
24 Education 457
Stefano Barazza
25 Taxonomy of AI 475
Tirath Virdee, Doug Brown, Scott Stainton and Shaun Barney
26 Automation and fairness 493
Emre Kazim, Adriano Koshiyama and Jeremy Barnett
27 Risk management 505
Stephen Ashurst
28 Business models and procurement 516
Petko Karamotchev
29 Explainable AI and responsible AI 528
Charles Kerrigan and Oliver Vercoe
30 LegalTech 536
Richard Tromans

Index
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