Autor: Mauro Zamboni

Universidad de Estocolmo

 

Autor: Stanley Greenstein

Universidad de Estocolmo

 

Modalidad: Online

 

Abstract:

This paper proposes a blueprint for regulating emerging digital technologies, such as artificial intelligence (AI), mitigating the inherent paradox of the need for legal predictability on the one hand versus the need for regulatory flexibility on the other. The law develops relatively slowly compared to technology and tends to be static, providing for stable and predictable guidance based on past experiences. Artificial intelligence, is a rapidly evolving self-learning technology in constant change, the development of which defies such static regulation. Having the EU's recently enacted AI Act as a point of departure, an examination is made of whether strategic legislative drafting, as part of a broader legislative policy, addresses this inherent paradox. The study identifies four ideal-typical legislative policy models—statutory, administrative, judicial, and embedded—and critiques the AI Act's inconsistent application of these models, in turn leading to regulatory uncertainty. The authors propose an embedded model, combined with the establishment of a specialized AI Agency with monopolistic regulatory powers, in order to provide flexibility but with procedural predictability. This model aims to balance legal certainty, public interest, and accountability, while incorporating industry representation to ensure adaptability to technological advancements. The conclusion underscores the necessity of a coherent legislative drafting strategy to effectively regulate emerging digital technologies.