The Artificial Intelligence Value Chain: A Critical Appraisal. [Spanish Version]

TL;DR

This paper critically examines the AI value chain within EU legislation, analyzing its legal significance, limitations, and proposing a framework that includes intangible ethical and legal dimensions to support democratic values.

Contribution

It advances the theoretical understanding of AI value chains by incorporating intangible aspects like ethics and law, and compares different legal frameworks for AI regulation.

Findings

Identifies limitations of current AI value chain concepts

Proposes a new framework including intangible ethical and legal values

Compares EU, Commonwealth, and US AI legal frameworks

Abstract

The artificial intelligence value chain is one of the main concepts underpinning the European legislation on the subject, especially the Artificial Intelligence Act. It is an economic concept that has become a legal one. i.e., a concept of legal governance, due to its continued use in policy documents and legal texts. This article (i) analyses its significance and function within the framework of the regulatory strategy established by recent EU programs (the Compass for Competitiveness, the Action Plan, Apply AI Strategy, and the Digital Omnibus on AI), (ii) identifies its limitations, and (iii) advances the theoretical construction of value chains that capture intangible dimensions that are not directly monetizable (such as language, culture, and, especially, ethical and legal values) but have a significant impact on the social environment. It also briefly compares three different legal frameworks for the regulation of AI (EU, Commonwealth and USA). It proposes at the end a specific framework for the analysis of the ethical and legal AI value chain to preserve democratic values and foster the digital implementation of the rule of law.