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Challenges in the Regulation of Oxymora: The Example of Subliminal Artificial Intelligence Systems
Neuwirth, R.J.
2022-12-12
Size of Audience40
Type of SpeakerKeynote
Abstract

The present time has repeatedly qualified as an “age of paradox” or “time of oxymora” as the use of paradoxes and oxymora in the arts, science, law and daily life is on the rise. Both oxymora and paradoxes are rhetorical figures that have in common that they express something apparently self-contradictory. Especially in the field of law and technology, numerous concepts, such as artificial intelligence, synthetic biology, big raw data, nutriceutics, or culture industry, were qualified as oxymora. At the same time, they were found to give rise to numerous paradoxes, such as the “Amara paradox”, according to which we overestimate the impact of new technologies in the short term, but underestimate it in the long term. Due to their contradictory nature, they pose serious challenges to their regulation given the dualistic nature of traditional legal reasoning. Additionally, their complex nature is further complicated by the cross-cutting, cross-boundary and cross-cultural nature, which generally require new regulatory approaches, a greater transdisciplinary coordination and possible the infiltration of a new and more flexible legal logic. The different regulatory challenges will be exemplified by the recent efforts to regulate artificial intelligence. It will specifically address the European Commission’s proposal to prohibit so-called “subliminal AI systems”, i.e. those that “deploy subliminal techniques beyond a person’s consciousness in order to materially distort a person’s behaviour” as it is laid down among the different categories of prohibited AI practices listed in Art. 5 EU Artificial Intelligence Act.

KeywordArtificial Intelligence Law Oxymora And Paradoxes Technology Governance
Author of SourceSchool of Law, N.Yang Ming Chiao Tung University
The Source to ArticleSchool of Law, N.Yang Ming Chiao Tung University
Document TypePresentation
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Faculty of Law
AffiliationUniversity of Macau
Recommended Citation
GB/T 7714
Neuwirth, R.J.. Challenges in the Regulation of Oxymora: The Example of Subliminal Artificial Intelligence Systems
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