Transitioning From Ideas to Action: Trends in the Enforcement of Soft Law for the Governance of Artificial Intelligence

Abstract

As a governance tool, the advantages of soft law (e.g., lack of jurisdiction, minimal barriers of entry, and disposition for experimentation) make it a viable alternative to manage emerging technologies that are continuously evolving. A barrier to soft law’s utilization is its most cited weakness, a reliance on the alignment of incentives. Once an entity is convinced that the enforcement of soft law is in their interests, the next step is the creation of mechanisms to ensure that their ideas are transformed into action. This article explores trends in the use of mechanisms within soft law programs to govern methods and applications of artificial intelligence (AI). Using a database of over 600 AI soft law programs, this piece identifies the diverse array of options available to organizations in their efforts to implement and enforce their programs.