Defying the Technology-Neutrality Narrative in the Regulation of Civil Liab (hosted by Brunell University London)
Today, many governments are across jurisdictions have either implemented some form of regulation of AI or are evaluating the suitable approach to regulating it or its uses. The European Union has taken significant steps in this field, through issuing policy frameworks as well as introducing legislative proposals. Too often in the process, legislators resort to umbrella concepts such AI and robotics that are quite broad and insufficiently defined, encompassing a wide array of diversified applications.
Given the diffusion of these terms in public discourse, the temptation to address them unitarily, and so regulate them is very strong, as well as the incentive (of apparent simplicity) of doing so. By relative contrast, traditional approach to regulation singles out a specific sector – such as capital markets, cars, insurance, medical and legal professions – each being regulated separately even with respect to a narrowly defined question of liability. In this context, Dr. Bertolini will discuss the approach of the European Parliament’s proposed regulation on civil liability for the operation of AI-systems, with specific reference to its technology neutral approach. He will address the notion of “AI-system”, the artificial and unsatisfactory distinction between high-risk and low-risk AI applications, and the corresponding different applicable liability regimes as well as the implication of the approach on legal certainty and early adoption of more advanced AI applications.
Dr Asress Adimi Gikay is a Lecturer in AI, Disruptive Innovation, and Law at Brunel Law School since September 2019. He is a member of Brunel University Centre for Artificial Intelligence. In 2020, he completed his PhD (with Honour) in Individual Person and Legal Protections at Sant’Anna School of Advanced Studies (Pisa, Italy) with his thesis dedicated to the Regulation of Automated Consumer Credit Risk Assessment in the EU and the US. He also earned his Doctorate Degree in Juridical Sciences (Summa Cum Laude) at Central European University (CEU) in 2016 specializing in comparative secured financing law. He was a visiting PhD Fellow at eLaw, Centre for Law and Digital Technologies at the University Leiden in 2019. Dr Gikay has published several articles in peer-reviewed journals on diverse range of topics including the regulation of blockchain and crypto assets. He is currently on his book addressing transparency and legal accountability in AI-Driven Decisions.