Regulating Artificial Intelligence in Industry

256 Pages·2021·7.78 MB·english

by  Damian M Bielicki

Routledge Research in the Law of Emerging Technologies
REGULATING ARTIFICIAL
INTELLIGENCE IN INDUSTRY
Edited by
Damian M. Bielicki
Regulating Artifcial Intelligence
in Industry
Artificial intelligence (AI) has augmented human activities and unlocked
opportunities for many sectors of the economy. It is used for data management
and analysis, decision-making, and many other aspects. As with most rapidly
advancing technologies, the law is often playing catch-up, so the study of
how the law interacts with AI is more critical now than ever before. This
book provides a detailed qualitative exploration into regulatory aspects of AI
in industry.
Offering a unique focus on current practice and existing trends in a wide range
of industries where AI plays an increasingly important role, this book contains
legal and technical analysis performed by 15 researchers and practitioners from
different institutions around the world to provide an overview of how AI is
being used and regulated across a wide range of sectors, including aviation,
energy, government, healthcare, legal, maritime, military, music, and others.
It addresses a broad range of aspects, including privacy, liability, transparency,
justice, and others, from the perspective of different jurisdictions.
Including a discussion on the role of AI in industry during the COVID-19
pandemic, the chapters also offer a set of recommendations for optimal regulatory
interventions. Therefore, this book will be of interest to academics, students, and
practitioners interested in the technological and regulatory aspects of AI.
Damian M. Bielicki is Senior Lecturer in Law and Director of the Law &
Technology Research Group at Kingston University London. He is also a
lecturer in Space Law and Cyber Law at Birkbeck University of London. He
is a Senior Fellow of the Higher Education Academy, a member of the
International Law Association, and a member of the International Institute of
Space Law.
Routledge Research in the Law of Emerging Technologies
Biometrics, Surveillance and the Law
Societies of Restricted Access, Discipline and Control
Sara M. Smyth
Artifcial Intelligence, Healthcare, and the Law
Regulating Automation in Personal Care
Eduard Fosch-Villaronga
Health Data Privacy under the GDPR
Big Data Challenges and Regulatory Responses
Edited by Maria Tzanou
Regulating Artifcial Intelligence
Binary Ethics and the Law
Dominika Ewa Harasimiuk and Tomasz Braun
Cryptocurrencies and Regulatory Challenge
Allan C. Hutchinson
Regulating Artifcial Intelligence in Industry
Edited by Damian M. Bielicki
Regulating Artifcial
Intelligence in Industry
Edited by Damian M. Bielicki
First published 2022
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2022 selection and editorial matter, Damian M. Bielicki; individual chapters, the
contributors
The right of Damian M. Bielicki to be identified as the author of the editorial
material, and of the authors for their individual chapters, has been asserted in
accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised
in any form or by any electronic, mechanical, or other means, now known or
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storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent to
infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Bielicki, Damian M., 1983- editor.
Title: Regulating artificial intelligence in industry / edited by Damian M.
Bielicki.
Description: Abingdon, Oxon [UK]; New York, NY: Routledge, 2021. |
Series: Routledge research in the law of emerging technologies |
Includes bibliographical references and index.
Identifiers: LCCN 2021031305 (print) | LCCN 2021031306 (ebook) | ISBN
9780367774622 (hardback) | ISBN 9781032159652 (paperback) | ISBN
9781003246503 (ebook)
Subjects: LCSH: Artificial intelligence--Law and legislation. |
Industries--Technological innovations. | Privacy, Right of. | Data
protection--Law and legislation. | Artificial intelligence--Law and
legislation--European Union countries.
Classification: LCC K564.C6 R449 2021 (print) | LCC K564.C6 (ebook) | DDC
343.09/99--dc23
LC record available at https://lccn .loc .gov /2021031305
LC ebook record available at https://lccn .loc .gov /2021031306
ISBN: 978-0-367-77462-2 (hbk)
ISBN: 978-1-032-15965-2 (pbk)
ISBN: 978-1-003-24650-3 (ebk)
DOI: 10.4324/9781003246503
Typeset in Bembo
by Deanta Global Publishing Services, Chennai, India
Contents
Contributors vii
Preface x
List of acronyms and abbreviations xii
PART I
Horizontal AI applications 1
1 Artificial intelligence and its regulation in the European Union 3
GAURI SINHA AND RUPERT DUNBAR
2 The impact of facial recognition technology empowered by
artificial intelligence on the right to privacy 21
NATALIA MENÉNDEZ GONZÁLEZ
3 The malicious use of artificial intelligence against government
and political institutions in the psychological area 36
EVGENY PASHENTSEV AND DARYA BAZARKINA
4 Leveraging artificial intelligence in citizenship by investment
programmes 53
JEIEL D. JOSEPH
5 Artificial intelligence application in advance healthcare
decision-making: Potentials, challenges and
regulatory safeguards 66
HUI YUN CHAN
6 Artificial intelligence in the legal profession 83
DAMIAN M. BIELICKI
vi Contents
PART II
Vertical AI applications 97
7 Artificial intelligence: An earthquake in the copyright
protection of digital music 99
LUO LI
8 Artificial intelligence and risk preparedness in the aviation
industry 114
KINGA KOLASA-SOKOŁOWSKA
9 Autonomous AI, smart seaports, and supply chain
management: Challenges and Risks 127
MITJA KOVAČ
10 Artificial intelligence and climate-energy policies
of the EU and Japan 138
MACIEJ M. SOKOŁOWSKI
11 The regulation of militarised artificial intelligence:
Protecting civilians through legal reviews of new weapons
and precautions 156
TSVETELINA VAN BENTHEM
12 The use of Artificial Intelligence in armed conflicts –
implications for state responsibility 176
DOMINIKA IWAN
13 The problematisation of human control over lethal
autonomous weapons: A case study of the US Department
of State 190
MIKOLAJ FIRLEJ
Summary 213
Bibliography 215
Index 234
Contributors
Darya Yu Bazarkina is a Leading Researcher in the Department of European
Integration Research at the Institute of Europe of the Russian Academy of
Sciences in Moscow, Russia. She is an author of more than 100 publications
on the communication aspects of counter-terrorist activity, including the
problem of countering the malicious use of artificial intelligence in terror-
ists’ psychological operations.
Damian M. Bielicki is a Senior Lecturer in Law and Director of the Law
& Technology Research Group at Kingston University London, UK. Dr
Bielicki specialises in law and technology. In addition to his post at Kingston
University, he is also Lecturer in Space Law and Cyber Law at Birkbeck
University of London, UK. He is a Senior Fellow of the Higher Education
Academy, a member of the International Law Association, and a member of
the International Institute of Space Law.
Hui Yun Chan is a Senior Lecturer in Law at the University of Huddersfield,
UK. Dr Chan’s research interests are broadly in the field of health law,
particularly in relation to end-of-life, health governance and recently the
legal and ethical questions arising from innovative medical technologies.
She is the author of Advance Directives: Rethinking Regulation, Autonomy and
Healthcare Decision-Making (Springer, 2018).
Rupert Dunbar is a Senior Lecturer at Kingston University London, UK. Dr
Dunbar’s research concerns the relationship between international and domes-
tic law (especially the EU), debating and testing notions of justice, and legal
certainty in domestic courts’ case law. He also has an interest in the EU inter-
nal market and the accommodation of new initiatives/technologies within it.
Mikołaj Firlej is a DPhil student in Socio-Legal Studies at the Faculty of Law,
University of Oxford, UK. In the past, Mikołaj has helped to establish a new
academic centre at Oxford focused on the impact of technologies on global
affairs. Earlier, Mikołaj earned both an MPP and an MPhil in Socio-Legal
Studies from the University of Oxford and an MA from the University of
Warsaw, Poland. His research interests include political philosophy, tech-
nology policy, and security studies.
viii Contributors
Dominika Iwan is a Lecturer in Law at the University of Silesia in Katowice,
Poland. Dr Iwan’s research is on the impact of neural networks on interna-
tional human rights law and international humanitarian law. Moreover, she
is currently leading a research project on the ‘Prohibition of Discrimination
in Algorithmic Decision-Making’, awarded funding by the National Science
Centre of Poland. Previously she worked with the Polish Commissioner for
Human Rights and interned with the Organisation for Aid to Refugees in
Prague, Czech Republic.
Jeiel D. Joseph is a PhD candidate at the Centre for Financial and Corporate
Integrity at Coventry University, UK. Jeiel’s research focuses on the appli-
cation of proven artificial intelligence techniques, such as machine learning,
automated facial recognition, language processing, and blockchain technol-
ogy, in Citizenship by Investment Programmes for mitigation of corporate
and immigration risks, such as money laundering, tax evasion, and border
security.
Kinga Kolasa-Sokołowska is an aviation insurance professional. She comes
from a varied background that includes legal, broking, and academic experi-
ence. She is Client Advisor, Aviation & Aerospace, Asia, at Marsh Broker
Japan and Lecturer at Rikkyo University in Tokyo, Japan.
Mitja Kovač is a Professor of Civil and Commercial Law at the University
of Ljubljana, Slovenia. Professor Kovač’s research is in on comparative
contract law and economics, new institutional economics, consumer pro-
tection, contract theory, and competition law and economics. His most
research publication was on collective action and European public policy
during the COVID-19 pandemic.
Luo Li is a Assistant Professor in Law at Coventry Law School, UK. Dr Li’s
research focuses on digital transformation and advanced technologies,
including the application of artificial intelligence in creative industries and
its implications to intellectual property law and regulations. Prior to her
academic post, she worked at the Law and Legislative Advice Division of
the World Intellectual Property Organization.
Natalia Menéndez González is a PhD researcher at the Law Department at
the European University Institute in Florence, Italy. Natalia’s research con-
cerns the legal implications of facial recognition technology (FRT) empow-
ered by AI. She is concurrently working on the use of FRT by Facebook
and the privacy impact of FRT usage during the COVID-19 health emer-
gency. Natalia has previously worked at different law firms in Spain, and is
a member of the Lucena Bar Association.
Evgeny Pashentsev is a Leading Researcher at the Diplomatic Academy
of the Ministry of Foreign Affairs of the Russian Federation in Moscow,
Russia. He is an author of more than 150 publications on international
security, AI, and psychological warfare issues.
Contributors ix
Gauri Sinha is a Lecturer in Law at Royal Holloway, University of London,
UK. Gauri’s research concerns financial crime, cybercrime, financial regula-
tion, and corporate accountability. She consults on financial crime, and her
recent project with the Government of Jamaica resulted in amendments to
the domestic legislation around financial sanctions and asset freezing. She
previously worked at Pricewaterhouse Coopers as the Subject Matter Expert
in financial crime and at the World Bank as a financial crime specialist.
Maciej M. Sokołowski (PhD, DSc) is an Assistant Professor at the Faculty
of Law and Administration, University of Warsaw, Poland who has been a
long-term scholar at the Japanese universities (Keio, Todai, Meiji). Dr hab.
Sokołowski’s expertise is in energy law. He is the author of over 70 papers
and reports on the energy sector. He is a fellow at the Sustainability College
Bruges in Belgium, as well as a member of the SI Network for Future
Global Leaders, the Polish Electricity Association, the Australian Network
for Japanese Law, and the Japan Association of EU Studies. He was awarded
the Swiss Government Excellence scholarship, the Swedish Institute Visby
Program scholarship, and the municipal government of Shanghai scholar-
ship, and the scholarship for outstanding young scientists offered by the
Minister of Education and Science of Poland.
Tsvetelina Van Benthem is a DPhil candidate in Public International Law at
Merton College, University of Oxford, UK. She is also a research officer at the
Oxford Institute for Ethics, Law and Armed Conflict, working on the interna-
tional law protections against cyber operations targeting the healthcare sector.