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Psychological Patterns and Article 5 of the AI Act: journal article free

AI-Powered Deceptive Design in the System Architecture and the User Interface

Mark Leiser

Journal of AI Law and Regulation, Volume 1 (2024), Issue 1, Page 5 - 23

The article emphasises the urgency of addressing the risks posed by AI-powered deceptive design strategies intricately woven into online platforms. These ‘psychological patterns’ mislead users into making decisions contrary to their intentions, exploiting psychological vulnerabilities. The article also critically examines the complex interplay between AI-powered deceptive design and legislative responses, mainly focusing on Article 5 of the European Union's AI Act. It underscores the importance of safeguarding user autonomy in the rapidly evolving digital landscape. Thus, the article discusses the dynamics of psychological manipulation, the need for effective regulation via Article 5, and the critical importance of maintaining user autonomy amidst technological advances in AI. Keywords: dark patterns; deceptive design; psychological manipulation; regulation; harm


An Agile Approach to the EU AI Act Ecosystem journal article free

Nelly Stratieva

Journal of AI Law and Regulation, Volume 1 (2024), Issue 1, Page 102 - 109

An agile approach to the EU AI Act and its surrounding ecosystem of hard and soft law can promote more dynamic AI governance in the EU. Agile has powered the rise of AI; it originates from the field of software development and is a style of working that embraces change and brings fast, tangible value to stakeholders through iterative product development. In this opinion I highlight two challenges that the AI Act faces and discuss how an agile mindset can be applied to mitigate their negative effects. I advocate that the AI Act ecosystem can, and should, be improved in iterations based on real-life testing, informed by the EU’s own Better Regulation toolbox and international best practices in innovative, agile regulation. Keywords: EU AI Act; agile; better regulation

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