Margot Kaminski on Regulating AI Risks
The Lawfare Podcast
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The Role of Techno Correctionists in Risk Regulation
There is significant convergence between US regulation and EU regulation based on this kind of regulatory forbearance or enforcement forbearance that takes place at the EU. And I think that's where the sort of, you know, putting the EU up there and it's a little shiny aura and halo doesn't really do justice to what's happening. The problem is when you take that approach and you say, all right, let's fix it. Let's make it better. You don't ask the fundamental first-order question of should we be using this here at all? So her example is in the criminal law context. She talks about risk assessment algorithms; she says this is actually an embedded policy choice
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