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Margot Kaminski on Regulating AI Risks

The Lawfare Podcast

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The Emerging Law of AI

Most legal analysis of AI so far has been centered on what you call its substitution effect. That is a way of framing artificial intelligence as basically a substitute for a human actor, where you're asking does it have rights? Can it be held liable? And that is actually not what the dominant approach to AI systems or to governing AI systems has been around the world. What I'm hoping to do with this paper and related longer work in the first instance is descriptively to alert people to the fact that there is a really large body of soft law"

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