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Artificial Intelligence and the Digital Public Sphere

The advent of artificial intelligence (AI) in its myriad forms — from predictive analytics to generative models, from chatbots to labor management machines — heralds a transformative shift in the digital public sphere. As the essays in this collection demonstrate, AI systems are not merely neutral tools; they are imbued with the power to shape social identities, legal frameworks, labor relations, and the very fabric of our shared digital space. 

Sandra Wachter's insightful analysis of the limitations and loopholes in the E.U. AI Act and AI Liability Directives underscores the urgent need for robust governance to address the immaterial and societal harms of AI. Xin Dai's exploration of AI chatbots in China's public legal services sector illuminates the potential for AI to enhance access to justice while also highlighting the risks of unequal service quality and breaches of confidentiality. Michele Elam's case studies of artist-technologists of color challenge dominant discourses of racialized populations as passive recipients of AI's impact, instead positioning them as active co-creators of knowledge in the digital realm. Veena Dubal and Vitor Araújo Filgueiras' compelling piece reframes digital labor platforms as machines of production, revealing the alarming physical and psychosocial toll on workers subject to algorithmic management. Woodrow Hartzog's incisive essay exposes the dynamics of extraction, normalization, and self-dealing that underpin AI deployment, calling for a layered regulatory approach to safeguard the public good. Collectively, these essays demonstrate that the future of the digital public sphere hangs in the balance, contingent upon our ability to critically examine and conscientiously shape the development and deployment of AI systems. Only by recognizing AI's capacity to fundamentally alter the contours of our shared digital space can we hope to harness its potential for the collective good while mitigating its harms. 

Limitations and Loopholes in the E.U. AI Act and AI Liability Directives: What This Means for the European Union, the United States, and Beyond

Sandra Wachter

This essay examines the limitations and loopholes in the European Union's AI Act and AI Liability Directives. It argues that these limitations will have implications not just for the EU but also for the U.S. and other countries.

Who Wants a Robo-Lawyer Now?: On AI Chatbots in China’s Public Legal Services Sector

Xin Dai

This essay identifies China's public legal services sector as a potential use case where AI chatbots may become widely and quickly adopted. It examines the political economy that predicts such adoption and explores normative considerations associated with it.

Digital Griots, Wampum Codes, & Choreo-Robotics: Artist-Technologists of Color Reshaping the Digital Public Sphere

Michele Elam

This essay examines racial formation in the context of the digital public sphere, focusing on how AI systems' understanding of social identities translates into real-world policy decisions. It presents three case studies of artist-technologists of color who challenge discourses that frame racialized populations as negatively “impacted” communities and instead refigure them as agentive co-producers of knowledge and imagination.

Digital Labor Platforms as Machines of Production

Veena Dubal and Vitor Araújo Filgueiras

This essay argues that digital platforms are not firms, but rather labor management machines. It uses empirical evidence from the US and Brazil to show that firms using platforms cause workers to suffer high rates of physical and psychosocial injury, similar to the impacts of early 20th century industrialists employing new mechanical systems.

Two AI Truths and a Lie

Woodrow Hartzog

This essay argues that companies deploying AI will take everything they can from users, users will get used to it, but this will not be done for users' benefit. It proposes four approaches to AI regulation: duties, design rules, defaults, and data dead ends.