Pages

21 February 2024

The Case for Regulating Generative AI Through Common Law

S. ALEX YANG and ANGELA HUYUE ZHANG

The impending rollout of the European Union’s Artificial Intelligence Act represents the bloc’s latest attempt to cement its status as a regulatory powerhouse. This ambitious legislation, which aims to impose stringent regulations on AI technologies, underscores the EU’s commitment to proactive governance.

Meanwhile, the United States has taken a very different path. Despite the sweeping executive order issued by President Joe Biden in October 2023, the country still lacks a cohesive AI regulatory framework. Instead, a surge of litigation has overwhelmed US courts, with leading AI firms being sued for copyright infringement, data-privacy breaches, defamation, and discrimination.

Given that litigation is expensive and often drags on for years, the EU’s strategy may appear more forward-looking. But the common-law system might actually prove to be a more effective mechanism for tackling the myriad challenges posed by generative AI. This is particularly evident in copyright law, where a growing number of artists, publishers, and authors are embroiled in legal battles against AI giants like Microsoft, OpenAI, and Meta over the use of copyrighted material.

No comments:

Post a Comment