Law and the political economy of AI production

Abstract

The governance of artificial intelligence (AI) is at a historical juncture. Legislative acts, global treaties, export controls, and technical standards are now dominating the discourse over what used to be a predominantly market-driven space. Amidst all this frenzy, this paper explains why none of these projects will achieve ‘alignment’ of AI with the prospect of a sustainable model of production authentically committed to the rights and freedoms of people and communities. By reflecting on the role of law in consolidating the visions and logics of few multinationals in the global value chains of AI, it warns against the peril of regulating AI without looking at the methods and logistics of its material production. Following a detailed overview of the various (techno-)legal ways through which law enables the flow of materials, capital, and power from Global South to Global North, and from small players to lead firms, the paper concludes with some preliminary thoughts on a transformative agenda for the transnational regulation of infocomputational production.