Regulatory Insights on Artificial Intelligence


Regulatory Insights on Artificial Intelligence

Research for Policy

9781800880771 Edward Elgar Publishing
Edited by Mark Findlay, Honorary Senior Fellow, British Institute of International and Comparative Law, UK and previously Director, Centre for AI and Data Governance, Singapore Management University, Singapore, Jolyon Ford, Professor and Associate Dean, ANU College of Law, Australian National University, Australia, Josephine Seah, Doctoral Candidate, University of Cambridge, Affiliate, CAIDG, Singapore Management University, Singapore and Dilan Thampapillai, Associate Professor and Education Director, Centre for Social Impact, University of New South Wales, Australia
Publication Date: 2022 ISBN: 978 1 80088 077 1 Extent: 304 pp
This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good.

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This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good.
Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law’s interventions. The book also engages with concerns about the ‘surveillance society’, for example regarding contact tracing technology used during the Covid-19 pandemic.
The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law’s relevance in giving institutional enforceability to ethics and principled design.
Critical Acclaim
‘Regulatory Insights on Artificial Intelligence is bursting with ideas. While many more questions are asked than answered, those questions require one to think deeply about important issues associated with AI. That thinking is sorely needed now, if this technology is to benefit us, rather than harm us.’
– Rob Clark, Intellectual Property Forum (IPSANZ)

‘Regulatory Insights on Artificial Intelligence provides a timely and important discussion of the regulation of a technology that is not only proliferating into our lives, but becoming disruptive in our economic and social institutions. I highly recommend the book for legal scholars, regulators, and anyone interested in a comprehensive text on the topic.’
– Woodrow Barfield, Visiting Professor, University of Turin, Italy

‘This book is an excellent resource for aiding the discussion on the imminent need for effective regulation, informed by interdisciplinary and multi-stakeholder approaches, that AI governance requires. It is a must read for those interested in the “next steps” to actually implementing or codifying AI governance into existing legal contexts.’
– Christoph Lütge, Technical University of Munich, Germany
Contributors: Nadja M. Alexander, Will Bateman, Damian Clifford, Mark Findlay, Jolyon Ford, Henry Gao, Ong Ee Ing, Loo Wee Ling, Nydia Remolina, Megan Richardson, Philippa Ryan, Josephine Seah, Dilan Thampapillai, Sally Wheeler, Normann Witzleb

Preface xi
1 Regulatory insights on artificial intelligence: research for policy 1
Mark Findlay and Jolyon Ford
2 Editors’ reflections 16
Mark Findlay and Jolyon Ford
3 Artificial intelligence and sensitive inferences: new
challenges for data protection laws 19
Damian Clifford, Megan Richardson and Normann Witzleb
4 Revaluing labour? Secondary data imperialism in platform
economies 46
Mark Findlay and Josephine Seah
5 Gauging the acceptance of contact-tracing technology: an
empirical study of Singapore residents’ concerns and trust
in information sharing 70
Ong Ee Ing and Loo Wee Ling
6 Regulating personal data usage in COVID-19 control conditions 101
Mark Findlay and Nydia Remolina
7 Editors’ reflections 128
Mark Findlay and Jolyon Ford
8 Coding legal norms: an exploratory essay 132
Will Bateman
9 Artificial intelligence and the unconscionability principle 150
Dilan Thampapillai
10 The possibilities of IF-THEN-WHEN 162
Sally Wheeler
11 Doing it online: is mediation ready for the AI age? 187
Nadja M Alexander
12 Editors’ reflections 214
Mark Findlay and Jolyon Ford
13 Ethical AI frameworks: the missing governance piece 218
Jolyon Ford
14 The accountability of algorithms on social media platforms 239
Philippa Ryan
15 Models and data trade regulation and the road to an agreement 261
Henry Gao

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