Regulating Artificial Intelligence

Artificial intelligence (AI) is an expanding family of technologies broadly comprising computer systems that can perform tasks normally requiring human intelligence. The rapid development and deployment of AI tools and systems bring extraordinary societal and economic benefits alongside profound risks, threats and challenges. Necessarily, lawmakers have responded by introducing laws and regulatory frameworks that attempt to serve the broader societal project of harnessing the benefits of AI while mitigating threats and risks associated with it. This module begins by exploring definitions of AI, its foundational concepts, its technical rudiments and certain use cases. Students will then consider the literature and commentary on principles and values often espoused as justification for regulating AI in the first place; for example, fairness, accuracy, accountability, accessibility, transparency, procedural justice norms, equality, sustainability, security, and data protection and privacy, among others.

Building on this, students will then examine primary source legal instruments and secondary source commentary to reflect on and debate whether laws and regulatory frameworks directly and indirectly regulating AI tools and systems are feasible, appropriate and achieve stated objectives. The EU Artificial Intelligence Act will be considered in particular depth.

Students will consider the implications of regulation, not just for the developers and users of AI tools and systems, but also its wider ethical, societal and economic impacts.

Throughout the module, students will be prescribed reading material and will engage in short tasks through workshops geared towards their assessments. Students will be expected to participate in structured class discussions and debates facilitated by the lecturer. 

Learning Outcomes

On successful completion of this module students should be able to:

• Comment upon the rationale and purpose of regulating AI tools and systems by reference to relevant academic literature and broader political discourse
• Explain, critique and compare the provisions of various legal instruments that currently (or propose to) regulate AI tools and systems including, but not limited to, the EU Artificial Intelligence Act
• Critically reflect on the effectiveness and feasibility of various legal instruments that regulate AI through the broader lenses of their economic, social and ethical implications for society
• Recognise, identify and apply legal rules and principles that are appropriate and relevant to address legal issues and problems that involve AI tools and systems
• Identify and locate relevant sources and materials to keep abreast of developments in AI regulation and to assist in solving legal issues and problems in a variety of contexts that involve AI tools and systems.

Assessment

Assessment for this module will comprise two parts: a presentation worth 30% and an essay worth 70%.  

• Essay (70%): students will submit an end-of-semester essay with a maximum word count of 4,000 words (excluding footnotes, a bibliography is not required). Early in the module, students will be provided with a non-exhaustive list of themes to guide them in selecting a topic for their essay. Broadly, these themes will be about i) the rationale and purpose of regulating aspects of AI tools and systems, ii) comparing and contrasting different approaches taken by law-makers to regulating AI on discrete issues, or iii) evaluating the effectiveness and feasibility of legal instruments through the broader lenses of their economic, social and ethical implications for society. Students are free to select a topic not based on the themes on the list, but this must be approved by the lecturer before a prescribed cutoff date. 

• A marking rubric based on a) knowledge of relevant materials and evidence of research, b) quality of analysis, and c) legal writing skill, will be provided to students in advance. 

It is anticipated that essays will be submitted by a deadline during assessment week, but this is subject to change. Arrangements regarding late submissions of essays for students unable to meet the submission deadline (owing to illness etc.) will be provided to students.  

• Presentation (30%): students will prepare a short slide show (maximum two slides) using PowerPoint or similar software, and deliver a short video presentation on how a provision (or provisions) in a specific legal instrument addresses a particular issue relating to AI regulation. The purpose of this assignment is for students to explain and offer brief critical reflections on the text of a legal instrument on a relatively narrow issue of AI regulation. Early in the module, students will be provided with a non-exhaustive list of issues to guide them in selecting a topic for this presentation. Students are free to choose an issue not on the list, but this must be approved by the lecturer. 

• A marking rubric based on a) knowledge and understanding of the provision(s) of the legal instrument, b) argument and response to the issue, and c) presentation and structure, will be provided to students in advance. 

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