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Margot Kaminski on Regulating AI Risks

The Lawfare Podcast

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The Importance of Soft Law in AI

The distinction between hard law and soft law is one that goes across many regulatory domains. One of the two strong arguments is that soft law leads to hard law, right? It's like practice law. And if you don't really have a sense of what you're going to write as hard law in the space or if you're concerned about the pace of technological development, it might be the case here. When you turn to soft law is something that that lets you coalesce around a certain set of norms and values then somewhere down the line, you might move on to harder law later.

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