When the algorithm becomes an issue: Algorithmic regulation and agenda-setting processes in Chile and Colombia

In this paper we trace the agenda-setting processes that led to the entry of artificial intelligence (AI) and public algorithms into the regulatory agenda in Colombia and Chile. We aim at addressing two main research questions: (1) What factors contribute to explain the entry of issues associated with the development and adoption of AI and public algorithms in the institutional agenda and (2) What factors could have influenced the (non)adoption of algorithmic regulation. This research consists of a comparative case study of two regulatory processes: the Colombian case, in which an AI bill was submitted twice in Congress, but the process did not finalize with the adoption of a law, and the Chilean case in which the Council for Transparency adopted a mandatory regulation related with the transparency of public algorithms. Given the comparative nature of this research and in line with Weidemann's (2020) approach, we use the multiple streams framework to understand the convergence of factors that influenced the insertion of algorithmic regulation in the institutional agenda of Colombia and Chile. Hence, we assess the factors associated with the problem stream (e.g. focusing events, indicators, feedback), policy stream (e.g. technical feasibility), and the political stream (e.g. elections, national mood, ideology) (Kingdon, 2014). We identify the key stakeholders (including policy entrepreneurs) that participated in political processes, how they attempted to influence the agenda-setting process, and the narratives that these actors have sought to position. We also explore other factors (i.e. media framing, policy windows) that influenced the Colombian and Chilean States to "pay attention" to algorithmic issues and the regulatory output. Data for this qualitative study was collected from two key sources: semi-structured interviews with key actors who have participated in these processes and documents (official reports, news, and social networks).