Jeannie Marie Paterson (University of Melbourne - Law School) has posted Regulating Generative AI in Australia: Challenges of Regulatory Design and Regulator Capacity (Philipp Hacker, Sarah Hammer, Andreas Engel, Brent Mittelstadt, Handbook on Generative AI (Oxford University Press, 2024)) on SSRN. Here is the abstract:
Like many other countries, Australia is currently considering how to regulate artificial intelligence (AI) to produce fair, safe and reliable outcomes. The challenge for Australia is how to design 'guard rails' for safe and responsible AI that ensures a robust commitment to 'testing, training and transparency' without stifling the social and economic opportunities by AI. Additionally, any new guardrails must be coherent within the existing legal regime, avoid undue complexity and be compatible with kay international efforts. In this task there are a suite of possible regulatory interventions to consider, which is a challenge of regulatory design. Given that AI is increasingly being used in many contexts, effective AI regulation will inevitably be multifaceted. This paper seeks to contribute to these debates by considering the different kinds of regulatory strategies being utilised or considered in Australia. It further notes the practical necessity of building capacity for enforcing the relevant law in regulators and giving thought to appropriate dispute resolution forums for individuals harmed by AI use.