From the Regulation of Artificial Intelligence by Society to the Regulation of Society by Artificial Intelligence: All Along the Watchtower

This paper discusses the bidimensional definition of regulation by design, i.e., “any alteration of human or technological behaviour through algorithmic code or data” (p. 448). The author argues that cyberspace made possible the advent of the digital society. If code is the new regulation, coders are the new regulators. Questions nevertheless remain as to how law can ensure appropriate regulation by design mechanisms in the AI Age. This conceptual paper identifies these questions and proposes two solution – a procedural and a substantive – that would render by-design regulation through AI more fundamental righs-proof.