2 Week 2: Setting the Stage – AI Ecosystem of 2024 (01/29 & 01/30) 2 Week 2: Setting the Stage – AI Ecosystem of 2024 (01/29 & 01/30)
2.1 Day 3 2.1 Day 3
2.1.1. Moderating Model Marketplaces: Platform Governance Puzzles for AI Intermediaries by Robert Gorwa & Michael Veale, 2024 (S. 2 and S.4 + skim at least one case study)
This reading begins to explore the emerging business models around Gen AI and examines the implications of technical challenges on governance efforts and existing law. Do you agree with how the authors delineated between parts of the Gen AI stack? If so, does this change how authors interpret the law? Do you agree with the legal analysis? Are there missing common law principles you think should apply? Can you think of other case studies that would test the analysis explored here?
2.1.2. “How OpenAI is boosting scrutiny of Microsoft’s market power” by Rebecca Klar, 2023 [Additionally on Canvas]
This reading will give you an idea of the current toolkit for governing markets as applied to OpenAI and Microsoft. Where do you think the power lies in OpenAI’s corporate governance structure? Are there changes the parties could make that would further protect them from agency scrutiny? Are such changes likely to help consumers? The structure of the emerging Gen AI industry makes certain governance solutions untenable while boosting the attractiveness of others – should we tailor the solutions? Or intervene in the market?
2.2 Day 4 2.2 Day 4
2.2.1. FACT SHEET: Biden-Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI | The White House
This is an example of a self governance structure for AI. What are the motivations for such an approach as opposed to collaborative governance or direct governance? Are the implicated companies what you would call “AI companies”? Does it matter?
2.2.2. FACT SHEET: President Biden Issues Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence | The White House
This is an example of a collaborative governance approach as it involves a combination of industry disclosure/standard building as well as government direction. In what way does it differ from the voluntary commitments in theory? How about in practice?
2.2.3. France’s Mistral takes a victory lap” by Derek Robertson, 2023
This article explores the politics and stakes of the most recent AI Act vote. What are the tensions faced by regulators in crafting AI legislation? Are there ways to reconcile them?
2.2.4. “European Union squares the circle on the world’s first AI rulebook” by Luca Bertuzzi, 2023
This article provides an explainer of the AI Act. AI Act will be published in the Official Journal of the EU and will enter into force 20 days following publication. Provisions related to prohibited AI systems are set to become enforceable six months after the Act is finalized and provisions related to General Purpose AI will become enforceable 12 months after this date. The rest of the AI Act is expected to become enforceable in 2026, but this is all still provisional at this stage. The article also discusses what the current exemptions are.
2.2.5. “European Commission welcomes political agreement on Artificial Intelligence Act” by European Commission, 2023
This article is the official Press Release from the European Commission regarding the AI Act. Who are the regulated parties? How does this affect the AI ecosystem?
2.2.6. “European Commission AI Act Q&A” by European Commission, 2023
This article is a series of helpful questions regarding the European AI Act that can aid in further understanding.