Transnational Digital Governance and Its Impact on Artificial Intelligence

Abstract

The rapid pace of technological advancement and innovation has put existing governance and regulatory mechanisms to the test. There is a clear need for new and innovative regulatory mechanisms that enable governments to successfully manage the integration of digital technologies into our societies, and to ensure that such integration occurs in a sustainable, beneficial, and just manner. Artificial Intelligence (AI) stands out as one of the most debated of such innovations. What exactly is it, how should it be built and deployed, how can it be used, and how should it be regulated? Yet across the period of this debate, AI is becoming widely used and addressed within existing, evolving, and bespoke regulatory contexts. The present chapter explores the extant governance of AI and, in particular, what is arguably the most successful AI regulatory approach to date, that of the European Union. The chapter explores core definitional concepts, shared understandings, values, and approaches currently in play. It argues that not only are the Union’s regulations locally effective, but, due to the so-called “Brussels effect,” regulatory initiatives within the European Union also have a much broader global impact. As such, they warrant close consideration.