Imposing Regulation on Advanced Algorithms

TL;DR

This book emphasizes the urgent need for regulation of advanced algorithms that influence various societal sectors, analyzing legal patterns and proposing regulatory frameworks, including the role of EU agencies like ENISA.

Contribution

It provides a comprehensive analysis of legal and regulatory challenges posed by advanced algorithms and explores potential regulatory bodies, especially within the EU context.

Findings

Legal sources like competition and labor law are often used due to lack of specific legislation.

Analysis of administrative and judicial decisions reveals common patterns and divergences.

Proposes ENISA as a potential European regulator for advanced algorithms.

Abstract

This book discusses the necessity and perhaps urgency for the regulation of algorithms on which new technologies rely; technologies that have the potential to re-shape human societies. From commerce and farming to medical care and education, it is difficult to find any aspect of our lives that will not be affected by these emerging technologies. At the same time, artificial intelligence, deep learning, machine learning, cognitive computing, blockchain, virtual reality and augmented reality, belong to the fields most likely to affect law and, in particular, administrative law. The book examines universally applicable patterns in administrative decisions and judicial rulings. First, similarities and divergence in behavior among the different cases are identified by analyzing parameters ranging from geographical location and administrative decisions to judicial reasoning and legal basis. As it turns out, in several of the cases presented, sources of general law, such as competition or labor law, are invoked as a legal basis, due to the lack of current specialized legislation. This book also investigates the role and significance of national and indeed supranational regulatory bodies for advanced algorithms and considers ENISA, an EU agency that focuses on network and information security, as an interesting candidate for a European regulator of advanced algorithms. Lastly, it discusses the involvement of representative institutions in algorithmic regulation.