A Law of AI?
Professor Jeannie Melbourne Law School
At the end of this module, you should be able to:
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• Understand the role of policy, regulation and law in responding to social concerns about AI
• Reflect on the relationship between the ethical principles of AI and law
• Understand the different models of law that may be applied to regulate AI
• Apply as an example the prohibition on misleading conduct in the ACL (ACCC v Meta)
• Reflect on the relationship between AI Ethics and Law.
G+T EU AI Act Overview
Santow, Ed, ‘Emerging from an AI Utopia’ (2020) Science Magazine 9
Paterson, and Maker, Yvette, ‘AI in the Home: Artificial Intelligence and Consumer Protection’ in and (eds), The Cambridge Handbook of Private Law and Artificial Intelligence (Cambridge University Press, Forthcoming)
Harding, Liam, Paterson, , Bant, Elise, ‘ACCC vs Big Tech: Round 10 and counting’ Pursuit (Thursday, 24 Mar 2022)
In the recordings
The structure of The relationship Key concepts law between law
and ethics
Why Regulate AI?
Promote community values? Uphold democratic principles?
Reduce the risk of unacceptable harms?
What law should apply to regulate AI?
Privacy or data protection law?
An AI Law?
Existing law?
Privacy Act 1988 (Cth)
APP 1: Open and transparent management of personal information, including a clearly expressed and up to date privacy policy
APP 3: Collection of solicited personal information, primarily only where it is reasonably necessary for the organisation’s functions or activities
Premised on consent and control of data by individuals.
But still only a partial solution
People give away data to get services…
General Data Protection Regulation (EU) (GDPR)
Individual rights:
• The right to be informed • The right of access
• The right to rectification • The right to erasure
• The right to restrict processing
• The right to data portability
• The right to object
• Rights in relation to automated decision making and profiling.
California Business and Professions Code § 17940
• Transparency.
• Aims to ensure California consumers know they’re talking to a real person or a piece of software.
(a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot.
(b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.
EU Draft AI Law
Risk based categories
EU AI: Obligations
An AI Law is not on the agenda in Australia – so can existing law do the job?
Existing Law
Discrimination Law – discussed in Ed Santow’s article
Consumer Protection Law – discussed in Paterson and Maker
• Useful and still to be explored…? • Adequate but not sufficient ….?
Australian Consumer Law (Competition and Consumer Act 2010 (Cth) Schedule 2
Section 18
A person shall not, in trade or commerce, engage in conduct that is misleading or likely to mislead
Litigation on misleading conduct and bad algorithmic behaviour
ACCC v Google (2021) FCA 367
https://www.accc.gov.au/media- release/correction-accc-alleges- google-misled-consumers-about- expanded-use-of-personal-data
ACCC v Meta (just commenced)
ACCC v Meta
AI ethics informing law
Litigation for discrimination or misleading conduct requires a certain degree of transparency to be established.
AI ethics and its values of transparency and explainability might just be a way to do this….
Melbourne Law School
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