
Contents
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Introduction Introduction
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Defining AI, and Context Defining AI, and Context
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An Overview of Existing Transnational AI Governance Efforts An Overview of Existing Transnational AI Governance Efforts
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EU Regulatory Process EU Regulatory Process
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The EU Commission’s Presently Proposed Regulations: The Digital Services Act (DSA) and the AI Act (AIA) The EU Commission’s Presently Proposed Regulations: The Digital Services Act (DSA) and the AI Act (AIA)
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The significance of privacy as a fundamental right The significance of privacy as a fundamental right
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The Digital Services Act (DSA) The Digital Services Act (DSA)
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A closer look at the Digital Services Act A closer look at the Digital Services Act
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Access to data, auditing, and enforceability Access to data, auditing, and enforceability
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The Artificial Intelligence Regulation, or AI Act (AIA) The Artificial Intelligence Regulation, or AI Act (AIA)
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Clear and actionable framework for AI risk levels Clear and actionable framework for AI risk levels
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Proportionality Proportionality
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Accountability of AI supply chain (i.e., providers and deployers, not the end-users) Accountability of AI supply chain (i.e., providers and deployers, not the end-users)
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Meaningful documentation requirements aligned with engineering best practices Meaningful documentation requirements aligned with engineering best practices
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Contextual transparency reporting to AI end-users Contextual transparency reporting to AI end-users
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Conclusions Conclusions
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Notes Notes
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Bibliography Bibliography
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13 Transnational Digital Governance and Its Impact on Artificial Intelligence
Get accessMark Dempsey, Senior Policy Advisor (consultant), Hertie School of Governance (Executive MPA graduate 2021)
Keegan McBride, Postdoctoral Researcher, Centre for Digital Governance, Hertie School
Meeri Haataja, CEO & Co-Founder, Saidot, Helsinki, Finland
Joanna J. Bryson, Professor of Ethics and Technology, Centre for Digital Governance, Hertie School, Berlin, Germany
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Published:19 May 2022
Cite
Abstract
The rapid pace of technological advancement and innovation has put existing governance and regulatory mechanisms to the test. There is a clear need for new and innovative regulatory mechanisms that enable governments to successfully manage the integration of digital technologies into our societies, and to ensure that such integration occurs in a sustainable, beneficial, and just manner. Artificial Intelligence (AI) stands out as one of the most debated of such innovations. What exactly is it, how should it be built and deployed, how can it be used, and how should it be regulated? Yet across the period of this debate, AI is becoming widely used and addressed within existing, evolving, and bespoke regulatory contexts. The present chapter explores the extant governance of AI and, in particular, what is arguably the most successful AI regulatory approach to date, that of the European Union. The chapter explores core definitional concepts, shared understandings, values, and approaches currently in play. It argues that not only are the Union’s regulations locally effective, but, due to the so-called “Brussels effect,” regulatory initiatives within the European Union also have a much broader global impact. As such, they warrant close consideration.
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