Do algorithms need to be regulated, and if so, what algorithms?

Arno R. Lodder*, Zachary Cooper

*Corresponding author for this work

Research output: Chapter in Book / Report / Conference proceedingChapterAcademicpeer-review

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Abstract

Obviously, not all algorithms need regulation. This chapter aims to identify aspects of algorithms that can help in distinguishing those algorithms that need to be regulated from those that do not. When governments consider whether to regulate a phenomenon, three questions should be addressed: what should be regulated, why and how. Answering these questions is an iterative process that concludes once all questions are answered satisfactorily. In this chapter the focus is on the first question: What should be regulated. This concerns the object of regulation (the phenomenon, behaviour, technology, etc.) as well as the substance of the regulatory norm. The chapter addresses three issues relevant to the ‘What’: the preliminary question about whether algorithms have added value; the human factor, and; logic, explanations and oversight.
Original languageEnglish
Title of host publicationResearch Handbook on EU Internet Law
EditorsAndrej Savin, Jan Trzaskowski
PublisherEdward Elgar Publishing Ltd.
Chapter4
Pages80-93
Number of pages14
Edition2nd
ISBN (Electronic)9781803920887
ISBN (Print)9781803920870
DOIs
Publication statusPublished - 2023

Publication series

NameResearch Handbooks in European Law series
PublisherEdward Elgar

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