About the Book
Artificial intelligence ("AI") is a difficult topic for lawyers. It is a broad topic, far broader than most topics that lawyers engage with. It does not align at all with the usual disciplines that lawyers work in; that is, it is not a creature of corporate law, property law, intellectual property law, etc. But it does touch on aspects of each of these and more. It does not align with
sector or industry groups that commercial lawyers organise themselves into; that is, it is not confined to a single industry and is as relevant to the financial services industry and many others as it is to the technology industry. It relies on a certain level of technical knowledge of how software operates that is not part of the training or experience of many lawyers. The law and regulation that applies to AI is, by and large, not yet written. When it is written, it will differ between jurisdictions and AI developers and users will be subject to multiple overlapping rules. It will take forms that require interpretation
beyond the conventional approach of many lawyers because it will involve judgments on risk and suitability, not just legalistic questions. Borrowing from former American president John F. Kennedy, this is a topic for lawyers who like to work on things not because they are easy but because they are hard. In this case they are also necessary because AI is pervasive
and lawyers have a substantial role to play in advising commercial, not-for-profit, governmental and clients of all other types on this topic. The editorial team is therefore pleased to introduce a report in which so many colleagues around the world have again risen to the challenge. The headlines for this edition are:
* public interest and concern around generative AI use cases ("scary good", as Elon Musk correctly reports);
* policymaker interest and concern about the social implications of job loss, displacement and replacement; and
* the continuing progress towards implementation of the EU AI Act which is likely to set a set a standard for other jurisdictions.
Even in jurisdictions where there is no legislation directly relating to AI, clients request advice on best practice, risk management, horizon-scanning and a range of other topics related to the development and use of AI technologies. The approaches that we adopt are common to many other emerging technologies. There is wide debate about whether AI is a technology that will do good or do harm in the world. Part of the lawyer's role here is to support AI for good.
Table of Contents:
Preface Charles Kerrigan, CMS Cameron McKenna Nabarro Olswang LLP Expert analysis AI Governance and Risk Management: Regulations and Case Law in 2023 chapters Charles Kerrigan, CMS Cameron McKenna Nabarro Olswang LLP
Emre Kazim & Marcus Grazette, Holistic AI 1 Emerging Technologies Around the World: Seeking Common Ground
Emma Wright & Harry Wells Interparliamentary Forum on Emerging Technologies 17 Country chapters
Australia Jordan Cox & Bryce Siu, Webb Henderson 24 Austria Veronika Wolfbauer & Tullia Veronesi, Schoenherr Attorneys at Law 38 Canada Simon Hodgett, Ted Liu & Sam Ip, Osler, Hoskin & Harcourt LLP 46 China Peng Cai, Zhong Lun Law Firm 63
Finland Erkko Korhonen, Samuli Simojoki & Jon Jokelin, Borenius Attorneys Ltd 72 France Boriana Guimberteau, Stephenson Harwood 86 Germany Moritz Mehner, Dr. Martin Boettger & Dr. Christoph Kruck, SKW Schwarz 99 India Nehaa Chaudhari, Aman Taneja & Namratha Murugeshan, Ikigai Law / Ikigai Business Consulting 109 Ireland David Cullen, William Fry LLP 125 Italy Massimo Donna, Paradigma - Law & Strategy 136 Japan Akira Matsuda, Ryohei Kudo & Taiki Matsuda, Iwata Godo 147 Malta Ron Galea Cavallazzi, Sharon Xuereb & Alexia Valenzia, Camilleri Preziosi Advocates 159 Portugal Sofia Barata, Nuno Carrolo dos Santos & Iakovina Kindylidi, Vieira de Almeida 169 Singapore Lim Chong Kin, Anastasia Su-Anne Chen & Cheryl Seah, Drew & Napier LLC 178 South Africa Simone Dickson, Independent Consultant 191 Sweden Elisabeth Vestin, Caroline Sundberg & Anna Ribenfors, Hannes Snellman Attorneys Ltd 194Switzerland Jurg Schneider, David Vasella & Anne-Sophie Morand, Walder Wyss Ltd. 206Taiwan Robin Chang & Eddie Hsiung, Lee and Li, Attorneys-at-Law 217Thailand John Formichella, Naytiwut Jamallsawat & Onnicha Khongthon, Formichella & Sritawat Attorneys at Law Co., Ltd. 227United Kingdom Rachel Free, Charles Kerrigan & Barbara Zapisetskaya, CMS Cameron McKenna Nabarro Olswang LLP 233USA Sean D. Christy & Chuck Hollis, Norton Rose Fulbright US LLP 247Digital edition chaptersGreece Marios D. Sioufas, Sioufas & Associates Law Firm 256Netherlands Joris Willems, Sarah Zadeh & Eva Reinders, NautaDutilh 267
