Shaping the Law of AI: Transatlantic Perspectives

Stanford-Vienna Transatlantic Technology Law Forum, TTLF Working Papers No. 65, Stanford University (2020).

New Stanford innovation policy research: “Shaping the Law of AI: Transatlantic Perspectives”.

Download the article here: Kop_Shaping the Law of AI-Stanford Law

The race for AI dominance

The race for AI dominance is a competition in values, as much as a competition in technology. In light of global power shifts and altering geopolitical relations, it is indispensable for the EU and the U.S to build a transatlantic sustainable innovation ecosystem together, based on both strategic autonomy, mutual economic interests and shared democratic & constitutional values. Discussing available informed policy variations to achieve this ecosystem, will contribute to the establishment of an underlying unified innovation friendly regulatory framework for AI & data. In such a unified framework, the rights and freedoms we cherish, play a central role. Designing joint, flexible governance solutions that can deal with rapidly changing exponential innovation challenges, can assist in bringing back harmony, confidence, competitiveness and resilience to the various areas of the transatlantic markets.

25 AI & data regulatory recommendations

Currently, the European Commission (EC) is drafting its Law of AI. This article gives 25 AI & data regulatory recommendations to the EC, in response to its Inception Impact Assessment on the “Artificial intelligence – ethical and legal requirements” legislative proposal. In addition to a set of fundamental, overarching core AI rules, the article suggests a differentiated industry-specific approach regarding incentives and risks.

European AI legal-ethical framework

Lastly, the article explores how the upcoming European AI legal-ethical framework’s norms, standards, principles and values can be connected to the United States, from a transatlantic, comparative law perspective. When shaping the Law of AI, we should have a clear vision in our minds of the type of society we want, and the things we care so deeply about in the Information Age, at both sides of the Ocean.

Meer lezen

European Parliament votes in favour of the new EU Copyright Directive

Today, the European Parliament voted in favour of the new EU Copyright Directive. This controversial IP legislation passed with 348 in favour, 274 against and 36 abstentions. Within 2 years (medio 2021), the Directive has to be implemented in the copyright legislations of the member States. However, articles 11 (now 15) and 13 (now 17) will do the EU internal market more harm than good.

Copyright expertise

Artificiële Intelligentie & Recht managing partner and IP lawyer Mauritz Kop delivered copyright expertise to the European Parliament during the legislative process.

Intellectual property law has become the new battleground for ideas on how the Digital Single Market strategy should deal with transformative innovation such as online platforms, big data, quantum computing and artificial intelligence. This potentially hinders rapid innovation and undermines the competitive position of Europe vis-à-vis China and the United States.

Consumer rights and competition/ antitrust law

Consumer welfare can be protected more effectively by consumer rights and competition/ antitrust law than by IP law. The introduction of additional rights (art. 15) results in an even more overcrowded and overgrown legal landscape, which could result in stagnation and legal uncertainty.