This article discusses the need for #regulation of #robots and #ai in #europe, focusing on the issue of #civil #liability. Despite multiple attempts to harmonize #eu#tort #law, only the liability of producers for defective products has been successfully harmonized so far. The #aiact, published by the #europeancommission in 2021, aims to #regulate AI at the European level by classifying #smartrobots as "high risk systems", but does not address liability rules. This article explores liability issues related to AI and robots, particularly when using #deeplearning #machinelearning techniques that challenge the traditional liability paradigm.
"This article discusses the EFTA Court’s advisory opinion on the issue of whether real transactions, in the sense that they transfer expense and risk with full effect between independent parties, can constitute market manipulation. The aim of the article is to explore the reasoning by the court and then analyse and argue that such transactions (real ones) can indeed constitute market manipulation according to the 2014 Market Abuse Regulation (MAR) and MAD. The aim is also to analyse when real transactions constitute market manipulation."
" Adopting a risk-based approach towards AI, the EU chose to understand trustworthiness of AI in terms of the acceptability of its risks. This conflation of trustworthiness with acceptability of risk invites further reflection. Based on a narrative systematic literature review on institutional trust and the use of AI in the public sector, this paper argues that the EU adopted a simplistic conceptualisation of trust and is overselling its regulatory ambition."
"This paper looks at three of the key technical and commercial aspects of cloud computing: control, security, and risk."
"... the proposed AI Act requires risky AI providers to comply with several standards before they can place their system on the market. Second, it has been acknowledged that autonomous systems pose a challenge to conventional liability rules. Consequently, at the European level, a new draft regulation on liability rules was initiated. Both proposals follow a first-of-its-kind policy that outlines how companies are allowed to use AI and what consequences should be enforced if an AI system causes harm to third parties."
"... this paper considers what problem, if any, the risk-based approach seeks to solve. It suggests that the problem to be solved by the approach is not primarily how to manage AI risks, but how to avoid a potentially over-broad scope of the regulation—a potential created by the broad definition of AI included in the Proposal."