Regulating Algorithms in the EU: Future Principles

As a consequence of the current technofeudalistic legal framework, algorithms remain significantly underregulated within the European Union. This underregulation may have long-term, potentially devastating effects on European culture and the political architecture of the EU. However, regulating this critical field without carefully crafted principles for future legislation risks causing more harm than good, especially since the internet has become the primary source of information for many. In this chapter, I propose a new, three-layered system of principles to serve as the intellectual foundation for future regulatory efforts. The first layer involves positioning EU regulation between the extremes of Chinese control and American market liberalism (market fundamentalism). While there is ample scope for regulation within the EU, it is essential first to ask: what form of market regulation best aligns with European values and interests? The second layer focuses on establishing clear objectives by identifying current negative trends and defining the goals we aim to achieve through targeted regulation. Finally, the third layer involves formulating concrete principles for algorithm governance in specific fields, such as YouTube regulation, search engine regulation, and similar areas. This layer must also address the fundamental question of the appropriate scope and depth of legislative intervention. Only after thoroughly addressing these three stages should legislative action be undertaken.