LAW 323 - Digital Constitutionalism? Comparative Approaches to Regulating Technologies

Digital Constitutionalism? Comparative Approaches to Regulating Technologies: This 1-week mini-course offers an overview of the EU and Chinese models of tech regulation, contrasting them with the American approach to the topic. Mixing theoretical studies and empirical findings, it focuses on key notions of privacy and data protection and on the most recent AI regulations. It explores the potentials of AI, especially in the fields of healthcare, media, and the legal process; it ponders the AI-related risks of social scoring, misinformation, political polarization, and mind manipulation.

The course explains how the American, EU, and Chinese models have become a point of reference for several jurisdictions. It shows how each of them echoes a specific understanding of public powers, their relationships with civil society, and how competing interests should be balanced. It compares how they tackle some of the most pressing challenges in the field: securing transparency, accountability, and explainability; avoiding biases; devising realistic and fruitful human-and-AI interactions.

This pass-fail course will be assessed through a paper due after the end of the course.