Abstract:This paper argues that market governance mechanisms should be considered a key approach in the governance of artificial intelligence (AI), alongside traditional regulatory frameworks. While current governance approaches have predominantly focused on regulation, we contend that market-based mechanisms offer effective incentives for responsible AI development. We examine four emerging vectors of market governance: insurance, auditing, procurement, and due diligence, demonstrating how these mechanisms can affirm the relationship between AI risk and financial risk while addressing capital allocation inefficiencies. While we do not claim that market forces alone can adequately protect societal interests, we maintain that standardised AI disclosures and market mechanisms can create powerful incentives for safe and responsible AI development. This paper urges regulators, economists, and machine learning researchers to investigate and implement market-based approaches to AI governance.
Abstract:The European Union's Artificial Intelligence Act aims to regulate manipulative and harmful uses of AI, but lacks precise definitions for key concepts. This paper provides technical recommendations to improve the Act's conceptual clarity and enforceability. We review psychological models to define "personality traits," arguing the Act should protect full "psychometric profiles." We urge expanding "behavior" to include "preferences" since preferences causally influence and are influenced by behavior. Clear definitions are provided for "subliminal," "manipulative," and "deceptive" techniques, considering incentives, intent, and covertness. We distinguish "exploiting individuals" from "exploiting groups," emphasising different policy needs. An "informed decision" is defined by four facets: comprehension, accurate information, no manipulation, and understanding AI's influence. We caution the Act's therapeutic use exemption given the lack of regulation of digital therapeutics by the EMA. Overall, the recommendations strengthen definitions of vague concepts in the EU AI Act, enhancing precise applicability to regulate harmful AI manipulation.