User accounts: How technological concepts permeate public law through the AI Act
(2024) In Maastricht Journal of European and Comparative Law- Abstract
- This article argues that through the EU’s technology regulation, technological concepts permeate legal language. Such concepts may function as transplants, even irritants, causing tensions and uncertainties. As technology regulation is increasingly horizontal, i.e. obligating private and public actors alike, these newfound legal concepts remain disconnected from established public law vocabulary and the power constellations it represents and embeds. We approach this evolution of legal language from a public law perspective and concentrate on the concepts of ‘user’ and 'deployer' in the EU’s upcoming Artificial Intelligence Act. We discuss these emerging legal concepts in relation to the rich theorizing on the concepts in human-computer... (More)
- This article argues that through the EU’s technology regulation, technological concepts permeate legal language. Such concepts may function as transplants, even irritants, causing tensions and uncertainties. As technology regulation is increasingly horizontal, i.e. obligating private and public actors alike, these newfound legal concepts remain disconnected from established public law vocabulary and the power constellations it represents and embeds. We approach this evolution of legal language from a public law perspective and concentrate on the concepts of ‘user’ and 'deployer' in the EU’s upcoming Artificial Intelligence Act. We discuss these emerging legal concepts in relation to the rich theorizing on the concepts in human-computer interaction research. Our analysis demonstrates a discrepancy between legal and technology-oriented conceptualizations of the ‘user-deployer’. We draw three conclusions. First, the digital revolution is taking place in conceptual-linguistic practices of law, and not only when translating law into code. Second, when external concepts are appropriated into law, they are uprooted from their established habitat, which may result in unpredictability in future legal interpretation. Third, in public law, adopting the ‘user-deployer' may have some additional challenges, as it introduces a new agent into the relationship between public authority and private entities. Simultaneously, citizens seem to be mainly excluded from the legal conceptualizing, which risks blurring traditional power constellations. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/05a7db58-0e80-455f-9063-0afaf822266a
- author
- Koulu, Riikka ; Koivisto, Ida and Larsson, Stefan LU
- organization
- publishing date
- 2024-04-03
- type
- Contribution to journal
- publication status
- in press
- subject
- keywords
- the AI Act, the user, the user-deployer, public law, power, HCI and law, the legal language of automation, the emerging legal language of automation
- in
- Maastricht Journal of European and Comparative Law
- publisher
- Intersentia
- ISSN
- 1023-263X
- project
- Exploring the risk governance mechanisms under the forthcoming EU Artificial Intelligence Act
- The Automated Administration: Governance of ADM in the public sector
- Vulnerability in the Automated State
- AI Transparency and Consumer Trust
- language
- English
- LU publication?
- yes
- id
- 05a7db58-0e80-455f-9063-0afaf822266a
- date added to LUP
- 2024-04-03 14:46:45
- date last changed
- 2024-04-05 10:17:38
@article{05a7db58-0e80-455f-9063-0afaf822266a,
abstract = {{This article argues that through the EU’s technology regulation, technological concepts permeate legal language. Such concepts may function as transplants, even irritants, causing tensions and uncertainties. As technology regulation is increasingly horizontal, i.e. obligating private and public actors alike, these newfound legal concepts remain disconnected from established public law vocabulary and the power constellations it represents and embeds. We approach this evolution of legal language from a public law perspective and concentrate on the concepts of ‘user’ and 'deployer' in the EU’s upcoming Artificial Intelligence Act. We discuss these emerging legal concepts in relation to the rich theorizing on the concepts in human-computer interaction research. Our analysis demonstrates a discrepancy between legal and technology-oriented conceptualizations of the ‘user-deployer’. We draw three conclusions. First, the digital revolution is taking place in conceptual-linguistic practices of law, and not only when translating law into code. Second, when external concepts are appropriated into law, they are uprooted from their established habitat, which may result in unpredictability in future legal interpretation. Third, in public law, adopting the ‘user-deployer' may have some additional challenges, as it introduces a new agent into the relationship between public authority and private entities. Simultaneously, citizens seem to be mainly excluded from the legal conceptualizing, which risks blurring traditional power constellations.}},
author = {{Koulu, Riikka and Koivisto, Ida and Larsson, Stefan}},
issn = {{1023-263X}},
keywords = {{the AI Act; the user; the user-deployer; public law; power; HCI and law; the legal language of automation; the emerging legal language of automation}},
language = {{eng}},
month = {{04}},
publisher = {{Intersentia}},
series = {{Maastricht Journal of European and Comparative Law}},
title = {{User accounts: How technological concepts permeate public law through the AI Act}},
year = {{2024}},
}