GPT, GDPR, AI Act:
How (not) to regulate “generative AI”?
How to regulate “generative AI” is now a major question across the world. The Italian Data Protection Authority’s orders against OpenAI’s operations of ChatGPT in Italy highlighted tensions between the EU’s General Data Protection Regulation (GDPR) and generative AI infrastructures trained on massive datasets involving both personal and non-personal data. The emergence of generative AI infrastructures has led to rethinking in the EU’s proposed Artificial Intelligence Act (AIA), which aims for comprehensive, risk- and product safety-based AI regulation. National agencies including the Cyberspace Administration of China (CAC) are exploring new regulatory measures in this area. In regulation, licensing, contracts, and litigation, the allocation of risk and responsibilities along the generative AI supply chain is vigorously in contention. The rapidly evolving regulatory discourse surrounding generative AI brings new valence to wider debates about concentration of infrastructural and platform power, safety, (non)alignment, responsibility, and their implications for competition, innovation, and socio-technological development. This conference brings together scholars, practitioners, public interest advocates, industry representatives, and policy-makers who are facing these questions daily in various contexts and at different scales.
This event has been approved for 4.5 New York State CLE credits in the category of Areas of Professional Practice and 2 New York State CLE credit in the category of Cybersecurity, Privacy and Data Protection (General). The credit is both transitional and non-transitional; it is appropriate for both experienced and newly admitted attorneys.
Date: Monday, 24 April 2023, 12:00pm-8:00pm
Location: NYU Law, Vanderbilt Hall, Greenberg Lounge, 40 Washington Square South, New York
Contact: guariniglobal@nyu.edu
Twitter: @GuariniGlobal
PDF of the program
12:00-1:00pm Networking lunch: How does “generative AI” work?
David Stein, NYU Law, Guarini Global Law & Tech and Information Law Institute
1:00-2:00pm How should lawyers think about “generative AI”?
Benedict Kingsbury, NYU Law
Catherine Sharkey, NYU Law
David Stein, NYU Law, Guarini Global Law & Tech and Information Law Institute
2:15-3:15pm Is “generative AI” compatible with data protection and privacy law?
Aniket Kesari, NYU Law, Information Law Institute
Gabriela Zanfir-Fortuna, Future of Privacy Forum
Marc Rotenberg, Center for AI and Digital Policy
Esha Bhandari, ACLU
Scott Loughlin, Hogan Lovells
3:30-4:30pm How to allocate risk, rights, and responsibilities along the “generative AI” supply chain?
Anna Gressel, Debevoise
James Grimmelmann, Cornell Tech
Thomas Streinz, NYU Law, Guarini Global Law & Tech
4:45-5:45pm Will “generative AI” entrench infrastructural power and impair competition?
Angelina Fisher, NYU Law, Guarini Global Law & Tech
Kevin Fodouop, NYU Law, Rights over Tech
Shaoul Sussman, FTC
Sarah West, AI Now
6:00-7:00pm Keynote: The EU’s Digital Decade
His Excellency Ambassador Stavros Lambrinidis, Ambassador of the European Union to the United States
Fireside chat with J. H. H. Weiler, University Professor, Joseph Straus Professor of Law, European Union Jean Monnet Chaired Professor, Co-Director, Jean Monnet Center for International and Regional Economic Law and Justice
Co-sponsored by the European Legal Society (EULS), the Jean Monnet Center for International and Regional Economic Law & Justice, and the Guarini Colloquium: Regulating Global Digital Corporations.
7:15-8:00pm How to coordinate “generative AI” regulation transnationally?
Gráinne de Búrca, NYU Law
Angela Zhang, University of Hong Kong [joining remotely]
Marc Rotenberg, Center for AI and Digital Policy
Yirong Sun, NYU Law, Guarini Global Law & Tech
