Books  |    |  December 28, 2018

Research Handbook on the Law of Artificial Intelligence

Book edited by Woodrow Barfield and Ugo Pagallo.
Published by Edward Elgar Publishing.
736 pages.

The field of artificial intelligence has made tremendous advances in the last few decades, but as smart as AI is now, it is getting exponentially smarter and becoming more autonomous in its actions. This raises a host of challenges to current legal doctrine, including whether the output of AI entities should count as ‘speech’, the extent to which AI should be regulated under antitrust and criminal law statutes, and whether AI should be considered an independent agent and responsible for its actions under the law of tort or agency. Containing chapters written by leading U.S., EU, and International law scholars, the Research Handbook presents current law, statutes, and regulations on the role of law in an age of increasingly smart AI, addressing issues of law that are critical to the evolution of AI and its role in society.

To provide a broad coverage of the topic, the Research Handbook draws upon free speech doctrine, criminal law, issues of data protection and privacy, legal rights for increasingly smart AI systems, and a discussion of jurisdiction for AI entities that will not be ‘content’ to stay within the geographical boundaries of any nation state or be tied to a particular physical location. Using numerous examples and case studies, the chapter authors discuss the political and jurisdictional decisions that will have to be made as AI proliferates into society and transforms our government and social institutions. The Research Handbook will also introduce designers of artificially intelligent systems to the legal issues that apply to the make-up and use of AI from the technologies, algorithms, and analytical techniques.

This essential guide to the U.S., EU, and other International law, regulations, and statutes which apply to the emerging field of ‘law and AI’ will be a valuable reference for scholars and students interested in information and intellectual property law, privacy, and data protection as well as to legal theorists and social scientists who write about the future direction and implications of AI. The Research Handbook will also serve as an important reference for legal practitioners in different jurisdictions who may litigate disputes involving AI, and to computer scientists and engineers actively involved in the design and use of the next generation of AI systems.

Table of Contents

Part I Introduction to Law and Artificial Intelligence

  • Towards a Law of Artificial Intelligence — Woodrow Barfield
  • Accelerating AI — John O. McGinnis
  • Finding the Right Balance in Artificial Intelligence and Law — L. Thorne McCarty
  • Learning Algorithms and Discrimination — Nizan Packin and Yafit Lev-Aretz
  • The Principal Japanese AI and Robot Strategy and Research Toward Establishing Basic Principles — Fumio Shimpo

Part II Regulation of Artificial Intelligence

  • Artificial Intelligence and Private Law — Shawn Bayern
  • Regulation of Artificial Intelligence — John Frank Weaver
  • Legal Personhood in the Age of Artificially Intelligent Robots — Robert van den Hoven van Genderen
  • Autonomous Driving: Regulatory Challenges Raised by Artificial Decision-Making and Tragic Choices — Antje von Ungern-Sternberg

Part III Fundamental Rights and Constitutional Law Issues

  • Artificial Intelligence and Privacy- AI Enters the House Through the Cloud — Ronald Leenes and Silvia De Conca
  • Future Privacy: A Real Right to Privacy for Artificial Intelligence — S. J. Blodgett-Ford
  • Artificial Intelligence and the First Amendment — Toni M. Massaro and Helen Norton
  • Data Algorithms and Privacy in Surveillance: On Stages, Numbers, and the Human Factor — Arno R. Lodder and Ronald P. Loui
  • The Impact of AI on Criminal Law, and its Twofold Procedures — Ugo Pagallo and Serena Quattrocolo

Patrt IV Intellectual Property

  • The Law of Artificial Intelligence Intellectual Property — Jeremy A. Cubert and Richard G. A. Bone
  • Kinematically Abstract Claims in Surgical Robotics Patents — Andrew Chin
  • Artificial Intelligence and the Patent System: Can a New Tool Render a Once Patentable Idea Obvious? — William Samore
  • Thinking Machines and Patent Law — Liza Vertinsky
  • Artificial Intelligence and the Creative Industry: New Challenges for the EU Paradigm for Art and Technology by Autonomous Creation — Madeleine de Cock Buning

Part V Applications of Artificial Intelligence

  • Free Movement of Algorithms: Artificially Intelligent Persons Conquer the European Union’s Internal Market — Thomas Burri
  • The Artificially Intelligent Internet of Things and Article 2 of the Uniform Commercial Code — Stacy-Ann Elvy
  • Artificial Intelligence and Robotics, the Workplace, and Workplace-Related Law — Isabelle Wildhaber
  • Robotics Law 1.0: On Social System Design for Artificial Intelligence — Yueh-Hsuan Weng
  • Antitrust, Algorithmic Pricing and Tacit Collusion — Maurice E. Stucke and Ariel Ezrachi
  • Robots in the Boardroom: Artificial Intelligence and Corporate Law — Florian Möslein

About the Editors

  • Woodrow Barfield has served as professor of engineering and is currently editor of the Virtual Reality journal and is a review editor for Frontiers in Artificial Intelligence
  • Ugo Pagallo is Professor, Department of Law, University of Turin, Italy