<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The issue of the regulation of artificial intelligence (AI) is one of the significant challenges faced by the EU at present. Most researchers focus on the substantive scope of AI regulation, including state law, ethical norms and soft law. In addition to the substantive and legal scope of the regulation, it is worthwhile considering the manner of such regulation.<sup>1</sup> Since AI is an algorithmic code, it seems correct to regulate (restrict) AI not so much with traditional law established in natural (human) language as with one implemented into algorithms. They may operate as a tool supporting traditional legislation (RegTech), but it is possible to go further with the issue and create regulation algorithms which implement the law as the effective law. However, this requires a new approach to law and legislation – the law as algorithmic code.</p>
</abstract>

The issue of the regulation of artificial intelligence (AI) is one of the significant challenges faced by the EU at present. Most researchers focus on the substantive scope of AI regulation, including state law, ethical norms and soft law. In addition to the substantive and legal scope of the regulation, it is worthwhile considering the manner of such regulation.1 Since AI is an algorithmic code, it seems correct to regulate (restrict) AI not so much with traditional law established in natural (human) language as with one implemented into algorithms. They may operate as a tool supporting traditional legislation (RegTech), but it is possible to go further with the issue and create regulation algorithms which implement the law as the effective law. However, this requires a new approach to law and legislation – the law as algorithmic code.

Is the Traditional Method of Regulation (the Legislative Act) Sufficient to Regulate Artificial Intelligence, or Should It Also Be Regulated by an Algorithmic Code?

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

The issue of the regulation of artificial intelligence (AI) is one of the significant challenges faced by the EU at present. Most researchers focus on the...

Is the Traditional Method of Regulation (the Legislative Act) Sufficient to Regulate Artificial Intelligence, or Should It Also Be Regulated by an Algorithmic Code?

Published Online: Oct 22, 2021

Page range: 43 - 60

Received: Sep 01, 2021

Accepted: Sep 15, 2021

DOI: https://doi.org/10.15290/bsp.2021.26.03.03

Keywords
AI, AI ecosystem, AI regulation, Algorithm, law as IT code, RegTech, LegalTech

© 2021 Dariusz Szostek, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Is the Traditional Method of Regulation (the Legislative Act) Sufficient to Regulate Artificial Intelligence, or Should It Also Be Regulated by an Algorithmic Code?

Published Online: Oct 22, 2021

Page range: 43 - 60

Received: Sep 01, 2021

Accepted: Sep 15, 2021

DOI: https://doi.org/10.15290/bsp.2021.26.03.03

KeywordsAI, AI ecosystem, AI regulation, Algorithm, law as IT code, RegTech, LegalTech

© 2021 Dariusz Szostek, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

Keywords
AI, AI ecosystem, AI regulation, Algorithm, law as IT code, RegTech, LegalTech