Discussion on the Legal Aspects of Generative AI

AI, Media & Democracy Lab

Part 1 of a series of events that will explore and discuss the pitfalls and possibilities of Generative AI.

Instituut voor Informatierecht

About this discussion seriesIn recent months, increased media attention has been given to AI-driven applications like Stable Diffusion, Dall-E, GPT-3, ChatGPT and Bard. These programmes are commonly referred to as Generative AI: technologies that learn from existing data in order to produce new content, including audio, (realistic) images and art, chat, text and code. Though these technological innovations have sparked renewed enthusiasm and interest for the field of AI, their potential to disrupt and transform has also been met with concern.In an effort to demystify the use of Generative AI, the AI, Media and Democracy Lab is organising a series of events that will explore and discuss the pitfalls and possibilities of the technology’s transformative impact on the media and journalism industries: How can the sector reap the benefits of artificially created content in line with the industries’ values, such as personal creativity, autonomy, user agency, transparency, objectivity, diversity, trust and authenticity?Legal Aspects of Generative AIIn this first panel discussion, we will dive into the legal aspects regarding the technology’s proliferation, and its impact on media industries. Drawing from a variety of legal fields, we will attempt to formulate answers to pressing industry, social and public policy questions, including the creative relationship between AI and journalists (intellectual property), the democratisation of technology among media actors (competition law), the potential biases AI-produced content may incorporate (equality and non-discrimination law), data protection issues related to the use of generative AI tools (privacy and data protection law) and the viability of the EU’s risk-based approach in light of Generative AI’s dynamic context, its large scale of use and media’s importance for democracy (AI law). At the same time, the question must be raised: are these technologies all that revolutionary, or do they present familiar questions and dilemmas in renewed ways? Through an open dialogue, this discussion hopes to further practical and academic debate regarding the responsible deployment of Generative AI in media and journalism and help establish a legal research agenda for doing so.PanelistsOt van DaalenOt van Daalen is a researcher and lecturer in the field of privacy and security at the Institute for Information Law. He is also an attorney at Root Legal. Previously, he worked at the Dutch Data Protection Authority and founded the Dutch digital rights movement Bits of Freedom.Viktorija MorozovaiteViktorija Morozovaite is a PhD candidate at Utrecht University, School of Law, member of the Renforce research group and Governing the Digital Societies Focus Area. Her research focuses on examining user-influencing practices, such as hypernudging, from the perspective of European competition law and EU&#x27;s emergent digital policy on regulating digital markets. Her research is part of the fulfilment of Modern Bigness ERC project, under leadership of Anna Gerbrandy. Viktorija is a former Wirtschaftskammer Steiermark Fellow at the University of Graz and a former visiting scholar at the Annernberg School for Communication at University of Pennsylvania.Natali HelbergerNatali Helberger, KNAW member, is Distinguished University Professor of Law and Digital Technology with a special focus on AI at the University of Amsterdam and a member of the board of directors of the Institute for Information Law (IViR). She co-founded two Research Priority Areas at the UvA: Information, Communication, and the Data Society and Human(e) AI – university-wide research programs and hubs for researchers from the social sciences, humanities, and computer science to advance a societal perspective on AI. In 2021, Natali co-founded the AI, Media &amp; Democracy Lab. Martin SenftlebenMartin Senftleben is Professor of Intellectual Property Law and Director of the Institute for Information Law (IViR) at the Amsterdam Law School. His activities focus on the reconciliation of private intellectual property rights with competing public interests of a social, cultural or economic nature. Current research topics include institutionalized algorithmic copyright enforcement in the EU, the interplay between robot creativity and human literary and artistic productions, the preservation of the public domain of cultural expressions, and the impact of targeted advertising on supply and demand in market economies.Naomi AppelmanNaomi Appelman is a PhD researcher at the Institute for Information Law (IViR) interested in the role of law in online exclusion, speech governance, and platform power. Her interdisciplinary research combines information law, specifically, online speech and platform regulation with (agonistic) political philosophy. More concretely, her research asks how European law should facilitate contestation of the content moderation systems governing online speech. The aim of facilitating this contestation is to minimise undue exclusion, often of already marginalised groups, from online spaces and democratise the power over how online speech is governed. Her PhD is part of the Digital Transformation of Decision-making project and the Digital Legal Studies sectorplan. She was a visiting researcher at the Humboldt Institute for Internet and Society. Connected to her PhD research she has co-authored several reports and papers on the topic of online speech regulation and automated decision-making. Finally, Naomi has previously done volunteer work at the Dutch digital rights NGO Bits of Freedom and is one of the founders of the Racism and Technology Center.Philipp HackerProf. Dr. Philipp Hacker, LL.M. (Yale), holds the Chair for Law and Ethics of the Digital Society at the European New School of Digital Studies (ENS) at European University Viadrina Frankfurt (Oder). In 2021, he was a Research Fellow at Weizenbaum Institute Berlin. Prior to joining ENS, he served as an AXA Postdoctoral Fellow at the Faculty of Law of Humboldt University of Berlin; a Max Weber Fellow at the European University Institute, and an A.SK Fellow at WZB Berlin Social Science Center. His research focuses on the intersection of law and technology. In particular, he analyzes the impact of AI and the IoT on consumer, privacy, anti-discrimination, and general regulatory law. He often cooperates with computer scientists and mathematicians, especially on questions of explainable AI and algorithmic fairness.

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Discussion on the Legal Aspects of Generative AI

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