Future-proof regulation of digital technologies. Is it possible?

Regulatory governance in the EU today covers what is one of the most topical problems of modern society, which is the use of digital technologies and in particular AI based ones. The Commission is proposing the set of regulations: the first ever legal framework on AI together with the comprehensive regulation covering the operations of big digital platforms (Digital Services Act and Digital Markets Act). These are proposed regulatory instruments allowing to control and supervise the changing technological landscape. Their common feature is the risk-based approach. The character, intensity and timing of regulatory intervention depends on type of risks created by an AI systems or operations of digital platforms. Various risk classes are distinguished, measured and categorised. This can be done on the basis of their impact and determination whether they are acceptable or unacceptable and their probability of occurrence. The higher the impact and probability of an AI-created risk, the stronger the appropriate regulatory response should be. The risk itself should be understood broadly, covering harmful impact on individuals and societies taken as a whole. Another type of approach to regulating AI consists in referring to the principles that should be respected while conceiving and applying the technology. This process is based on analysis to what extend current regulations are principles-based and how strongly these principles respond to the technological challenges. This examination of the existing regulations within this approach should be conducted ongoingly. The detailed provisions refer to particular problems like identifying, tracking, profiling and nudging if they are illegitimate or illegal. The use of technologies for that purpose could take place only on exceptional basis if the selected conditions, such as national security, happen. The goal of the research is to critically analyse proposed regulations and to verify if they assure the durable set of governing rules.