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Beyond the regulatory state? Diverse roles of the state in the governance of generative AI

Public Policy
Regulation
State Power
Technology
Inga Ulnicane
University of Cambridge
Inga Ulnicane
University of Cambridge

Abstract

Traditionally, the role of the state in technology governance has been discussed in terms of difference in degree, where more state typically includes regulation while less state implies more laissez faire approach. However, the role of the state in technology governance can also be understood as difference in kind by considering various roles that the state can play including facilitating technology development, being lead-user of new technologies, and enabling public engagement in technology development and use. Against this background, this contribution examines the roles of the state in governing generative Artificial Intelligence (AI), which is seen as a novel disruptive technological development. To do that, it analyses recent documents on generative AI policy from the Organization for Economic Cooperation and Development (OECD) as one of the leading international forums of AI governance. This study finds that the role of the state in these documents is framed mostly in terms of risk mitigator, safety guarantor, and observer. These specific roles of the state are largely in line with generative AI being predominately private sector driven technology where policy framing prioritizes risk management and safety neglecting questions of public participation as well as purpose and direction of technology development and use. Framing generative AI and relevant roles in this way prioritizes certain policy actions while forecloses others having impact not only on policy but also on public understanding of generative AI and power relationships where the state reinforces rather than reshapes existing power asymmetries with concentration of power in a small number of big tech companies, while leaving the public with relatively little influence.