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Margot Kaminski on Regulating AI Risks

The Lawfare Podcast

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The Pros and Cons of Risk Regulation

The emerging set of techniques around the world is more in this risk regulation space. So if you have a system like an AI that decides things in a opaque fashion that is hard to causally unpack, it's hard to figure out who caused what, when and what connection that had to whatever harm the system produces. Then you're talking about a set of market failures and failures in information access that make liability after the fact really challenging. This default of let's think about this as risk regulation has a lot of appeal.

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