Regulating Artificial Intelligence Systems: Risks, Challenges, Competencies, and Strategies
Open accessAbstract
Artificial intelligence technology (or AI) has developed rapidly during the past decade, and the effects of the AI revolution are already being keenly felt in many sectors of the economy. A growing chorus of commentators, scientists, and entrepreneurs has expressed alarm regarding the increasing role that autonomous machines are playing in society, with some suggesting that government regulation may be necessary to reduce the public risks that AI will pose. Unfortunately, the unique features of AI and the manner in which AI can be developed present both practical and conceptual challenges for the legal system. These challenges must be confronted if the legal system is to positively impact the development of AI and ensure that aggrieved parties receive compensation when AI systems cause harm. This article will explore the public risks associated with AI and the competencies of government institutions in managing those risks. It concludes with a proposal for an indirect form of AI regulation based on differential tort liability.
The claims and statistics of this paper haven’t been checked yet.
Run the check — free, no account needed. It reads the open-access text and checks the sources it cites.
Integrity signals
Registry
Cites
Statistics
Claims the paper makes
The claims and statistics of this paper haven’t been checked yet.
Run the check — free, no account needed. It reads the open-access text and checks the sources it cites.
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
The self-check needs the paper’s full text.
No citation lists for this paper
No citation lists for this paper yet — checked again daily.
References 7 · Cited by 563
- Authors
- Scherer, M. U.
- Corresponding author
- Scherer, Matthew U.
- ORCID
- Scherer, Matthew U.
- Venue
- SSRN Electronic Journal
- Publisher
- Elsevier BV
- Published
- 2015
- ISSN
- 1556-5068 (ISSN-L)
- OpenAlex
- W1441180700
- Cited by
- 563
- References
- 7
- Citations by year
- 2026: 23 · 2025: 73 · 2024: 92 · 2023: 82 · 2022: 69 · 2021: 94 · 2020: 59 · 2019: 38 · 2018: 21 · 2017: 7 · 2016: 5
- Type
- posted content
- Language
- en
- Open access
- green
- doi.org
- Locations
- SSRN Electronic Journal (acceptedVersion)
- Topics
- Social Sciences › Law › Digitalization, Law, and Regulation
- Social Sciences › Safety Research › Ethics and Social Impacts of AI
- Social Sciences › Political Science and International Relations › Artificial Intelligence in Law
- Keywords
- AI regulation, autonomous machines, indirect regulation, legal challenges of AI, AI governance
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
What counts as a claim ›How we measure confidence ›How we check this ›
Are you an author, or do you see a problem with this page? Request a review