Governing Artificial Intelligence: Law, Policy, and Institutions

Even just a generation ago, interest in "artificial intelligence" (AI) was largely confined to academic computer science, philosophy, engineering, and science fiction. Today the term is understood to encompass not only long-term efforts to simulate the general intelligence associated with humans, but also fast-evolving technologies (such as elaborate neural networks leveraging vast amounts of data) with the potential to reshape finance, transportation, health care, national security, advertising and social media, and other fields. Taught by a sitting judge, a former EU Parliament member, and a law professor, and conceived to serve students with interest in law, business, public policy, design, and ethics, this interactive course surveys current and emerging legal and governance problems related to humanity's relationship to artificially-constructed intelligence. To deepen students' understanding of legal and governance problems in this area, the course explores definitions and foundational concepts associated with AI, likely pathways of AI's evolution, different types of law and policy concerns raised by existing and future versions of AI, and the distinctive domestic and international political economies of AI governance. We will consider discrete settings where regulation of AI is emerging as a challenge or topic of interest, among them: autonomous vehicles, autonomous weapons, labor market decisions, AI in social media/communications platforms, judicial and governmental decision-making, and systemic AI safety problems; the growing body of legal doctrines and policies relevant to the development and control of AI such as the European Union's General Data Protection Regulation and the California Consumer Privacy Act; the connection between governance of manufactured intelligence and related bodies of law, such as administrative law, torts, constitutional principles, civil rights, criminal justice, and international law; and new legal and governance arrangements that could affect the development and use of AI. We will also cover topics associated with the design and development of AI as they relate to law and governance, such as measuring algorithmic bias and explainability of AI models. Cross-cutting themes will include: how law and policy affect the way important societal decisions are justified; the balance of power and responsibility between humans and machines in different settings; the incorporation of multiple values into AI decision-making frameworks; the interplay of norms and formal law; technical complexities that may arise as society scales deployment of AI systems; AI's implications for transnational law and governance and geopolitics; and similarities and differences to other domains of human activity raising regulatory trade-offs and affected by technological change. Note: The course is designed both for students who want a survey of the field and lack any technical knowledge, as well as students who want to gain tools and ideas to deepen their existing interest or technical background in the topic. Students with longer-term interest in or experience with the subject are welcome to do a more technically-oriented paper or project in connection with this class. But technical knowledge or familiarity with AI is not a prerequisite, as various optional class sessions and readings as well as certain in-class material will help provide necessary background. Requirements: The course involves a mix of lectures, practical exercises, and student-led discussion and presentations. Elements used in grading: Requirements include attendance, participation in a student-led group presentation and a group-based practical exercise, two short 3-5 pp. response papers, and either an exam or research paper. After the term begins, students accepted into the course can transfer, with consent of the instructor, from section (01) into section (02), which meets the R requirement. CONSENT APPLICATION: We will try to accommodate as many people as possible with interest in the course. But to facilitate planning and confirm your level of interest, please fill out an application available at https://docs.google.com/forms/d/e/1FAIpQLSfwRxaM1omTsJmK9k0gksdS5jBPRz-YCuYhRUpDlVXXglDHjg/viewform by March 12, 2021. Applications received after the deadline will be considered on a rolling basis if space is available. The application is also available on the SLS website (Click Courses at the bottom of the homepage and then click Consent of Instructor Forms). Cross-listed with International Policy (INTLPOL 364).