This paper discusses models of law and regulation of Artificial Intelligence (“AI”). The discussion focuses on four models: the black letter model, the emergent model, the ethical model, and the risk regulation model. All four models currently inform, individually or jointly, integrally or partially, consciously or unconsciously, law and regulatory reform towards AI. We describe each model’s strengths and weaknesses, discuss whether technological evolution deserves to be accompanied by existing or new laws, and propose a fifth model based on externalities with a moral twist.
Petit, Nicolas and De Cooman, Jerome, Models of Law and Regulation for AI (October 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/63.