Aurelia Tamò-Larrieux, Clement Guitton, Simon Mayer, Christoph Lutz
{"title":"Regulating for trust: Can law establish trust in artificial intelligence?","authors":"Aurelia Tamò-Larrieux, Clement Guitton, Simon Mayer, Christoph Lutz","doi":"10.1111/rego.12568","DOIUrl":"https://doi.org/10.1111/rego.12568","url":null,"abstract":"The current political and regulatory discourse frequently references the term “trustworthy artificial intelligence (AI).” In Europe, the attempts to ensure trustworthy AI started already with the High-Level Expert Group Ethics Guidelines for Trustworthy AI and have now merged into the regulatory discourse on the EU AI Act. Around the globe, policymakers are actively pursuing initiatives—as the US Executive Order on Safe, Secure, and Trustworthy AI, or the Bletchley Declaration on AI showcase—based on the premise that the right regulatory strategy can shape trust in AI. To analyze the validity of this premise, we propose to consider the broader literature on trust in automation. On this basis, we constructed a framework to analyze 16 factors that impact trust in AI and automation more broadly. We analyze the interplay between these factors and disentangle them to determine the impact regulation can have on each. The article thus provides policymakers and legal scholars with a foundation to gauge different regulatory strategies, notably by differentiating between those strategies where regulation is more likely to also influence trust on AI (e.g., regulating the types of tasks that AI may fulfill) and those where its influence on trust is more limited (e.g., measures that increase awareness of complacency and automation biases). Our analysis underscores the critical role of nuanced regulation in shaping the human-automation relationship and offers a targeted approach to policymakers to debate how to streamline regulatory efforts for future AI governance.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":" 786","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138475732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Institutional sources of legitimacy in multistakeholder global governance at ICANN","authors":"Hortense Jongen, Jan Aart Scholte","doi":"10.1111/rego.12565","DOIUrl":"https://doi.org/10.1111/rego.12565","url":null,"abstract":"This article provides a novel systematic exploration of ways and extents that institutional characteristics shape legitimacy beliefs toward multistakeholder global governance. Multistakeholderism is often argued to offer institutional advantages over intergovernmental multilateralism in handling global problems. This study examines whether, in practice, perceptions of institutional purpose, procedure, and performance affect legitimacy assessments regarding this form of global governance. The analysis focuses on the Internet Corporation for Assigned Names and Numbers (ICANN), one of the largest and most institutionally developed global multistakeholder arrangements. Evidence comes from a mixed-methods survey of 467 participants in ICANN. We find that this representative sample accords high importance in principle to many institutional features, and also rates the actual institutional operations of ICANN quite highly on various counts. Moreover, many institutional characteristics associate significantly with participants' legitimacy beliefs toward ICANN. However, not all institutional qualities have this significance, and the relevance of individual- and societal-level circumstances indicates that institutional sources do not provide a full explanation of legitimacy. The article contributes refinements to theory of legitimacy in global governance; demonstrates the value of mixed-methods survey work in this field; supplies unique original data and analysis; and identifies implications for the politics of (de)legitimation around multistakeholderism.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"113 45","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138455894","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Performing central bank independence: The Bank of England's communicative financial stability strategy","authors":"Andrew Baker, Andrew Hindmoor, Sean McDaniel","doi":"10.1111/rego.12564","DOIUrl":"https://doi.org/10.1111/rego.12564","url":null,"abstract":"Central bank independence (CBI) has been one of the most significant regulatory state developments of the last three decades. Following the 2008 financial crisis, many central bank mandates were extended to include a responsibility for financial stability. Some commentators claim this jeopardizes CBI by drawing central banks into contested political issues that can impact financial stability, in what we term an independence in decline thesis. Through a detailed study of the Bank of England's financial stability communications employing the Comparative Agendas Project (CAP) codebook, we subject this independence in decline thesis to scrutiny. We show that since the extension of the Bank's mandate in 2011, Bank officials have discussed a wider range of more contentious policy issues. However, these communications appear to date to have largely reinforced the Bank's reputation for technical competence and political neutrality. In this sense, central bank “communicative agency” can be deployed to protect CBI performatively, while CBI can in turn be studied and understood as an ongoing communicative performance act. We find that repoliticization is a more contingent process than much central banking literature has allowed for, while financial stability communications are a potentially powerful regulatory instrument deserving of more scholarly attention.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"113 46","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138455893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mitigating microtargeting: Political microtargeting law in Australia and New Zealand","authors":"Melissa-Ellen Dowling","doi":"10.1111/rego.12566","DOIUrl":"https://doi.org/10.1111/rego.12566","url":null,"abstract":"To the detriment of liberal democracy, governments have struggled to prevent the exploitation of personal data for voter manipulation in the digital era. Laws pertaining to political microtargeting are often piecemeal and tend to derive from a combination of laws on electoral advertising and privacy. Evidence indicates that this approach is insufficient to curtail microtargeting. However, little is known about the regulation of microtargeting outside of the European and US contexts within which the bulk of anti-microtargeting research has been undertaken. Accordingly, this paper aims to shed light on the preparedness of the law in Australia and New Zealand to mitigate the potential harms of political microtargeting. A comparative analysis of legislation pertaining to microtargeting is therefore undertaken using a blended approach of comparative law and content analysis. This paper: (1) identifies current legislation relevant to microtargeting in Australia and New Zealand; (2) assesses patterns of similarity and difference between each country's laws in relation to microtargeting; and (3) evaluates the preparedness of current legislation to curtail microtargeting in an evolving social media landscape. It finds that in both countries, legislation is sufficiently robust to mitigate microtargeting in some limited circumstances, but a cohesive regulatory approach is needed to constrain the most insidious microtargeting operations.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"113 47","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138455892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Global contagion risk and <scp>IMF</scp> credit cycles: Emergency exits and revolving doors","authors":"Stephen B. Kaplan, Sujeong Shim","doi":"10.1111/rego.12562","DOIUrl":"https://doi.org/10.1111/rego.12562","url":null,"abstract":"Abstract Why does the International Monetary Fund (IMF) exit its lending relationships before member states have resolved their financial crises? It is particularly surprising given that the IMF often resumes its lending shortly after its withdrawal. We argue that IMF withdrawals are conditioned by global contagion risk. The tension between the IMF's mandate of global financial stability and its limited financial resources compels the IMF's early exit from its lending relationships. During periods of high global contagion, the IMF prioritizes its mandate by continuing its lending despite noncompliance. However, when the IMF perceives minimal contagion risk, it focuses on moral hazard, and willingly cuts its lending ties to preserve its reputation and resources for future crises. Employing a comparative analysis of IMF decision‐making in two of its largest borrowers, Argentina and Greece, we find supportive evidence for our claims.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"39 35","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134953920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Distributive politics and electoral advantage in the 2022 Australian election","authors":"Ian McAllister, Nicholas Biddle","doi":"10.1111/rego.12561","DOIUrl":"https://doi.org/10.1111/rego.12561","url":null,"abstract":"Distributive politics—or pork barreling—is prevalent across many political systems. It aims to influence the vote by directing discretionary spending to constituencies and/or groups of voters that are important for their re-election. We term this the objective dimension to pork barreling. However, we argue that for pork barreling to deliver rewards, voters must also be <i>aware</i> that they are gaining a special benefit from government—the subjective dimension. Using a unique Australian dataset that matches spending on electoral areas with a large scale national survey that asked voters if their area had received special benefits, we clarify the mechanisms behind pork barreling. Our results show that about one in five voters believed that their electorate had received additional benefits. Objectively, spending was disproportionately directed to government-held seats. Despite this largesse, we find that pork barreling had little or no effect on the vote in the 2022 Australian election.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"11 12","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71417904","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Affidavit aversion: Public preferences for trust-based policy instruments","authors":"Rinat Hilo-Merkovich, Eyal Peer, Yuval Feldman","doi":"10.1111/rego.12560","DOIUrl":"https://doi.org/10.1111/rego.12560","url":null,"abstract":"Regulators who aim to reduce administrative burdens often promote trust-based policy instruments, such as legal affidavits or honesty pledges, as substitutes to traditional bureaucratic procedures. However, little is known on how the general public view such instruments, and whether people would actually comply with them, and under what circumstances. Using a series of experimental vignettes, we examine public preferences toward these instruments under different conditions and contexts. We find that overall, people exhibit an aversion to using affidavits, even when they are inexpensive and can save a considerable amount of time compared to the traditional bureaucratic procedure. In contrast, honesty pledges are largely preferred over both the standard procedure and signing an affidavit. We discuss factors influencing the public choice of trust-based instruments and offer recommendations to help policymakers promote public compliance using behaviorally informed policy instruments.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"4 8","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71417573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A resource-based perspective on the regulatory welfare state: Social security in the United Kingdom","authors":"David P. Horton, Gary Lynch-Wood","doi":"10.1111/rego.12559","DOIUrl":"https://doi.org/10.1111/rego.12559","url":null,"abstract":"The article provides a resource-based perspective on the polymorphic regulatory welfare state. It shows regulatory and fiscal tools applied in the UK social security sector place demands on claimants' resources (i.e., possessions, labor and data) and simultaneously alter behavior in relation to these resources. The analysis exposes an operation that generates new and increasing resource pressures for claimants, providing a deeper conceptualization of a regulatory welfare state. It offers a new perspective on why regulatory and fiscal arrangements perpetuate existing inequalities and suggests an increase in welfare problems as the regulatory welfare state intensifies resource pressures.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"11 11","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71417905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The governance of policy integration and policy coordination through joined‐up government: How subnational levels counteract siloism and fragmentation within Swedish migration policy","authors":"Gustav Lidén, Jon Nyhlén","doi":"10.1111/rego.12558","DOIUrl":"https://doi.org/10.1111/rego.12558","url":null,"abstract":"Abstract Modern welfare states struggle with fragmented policies and siloed governments, as well as with the need to deal with wicked problems. We argue that addressing such problems from the perspective of central government can be facilitated by notions of joined‐up government that, combined with vertical aspects of modern governance, provide a basis for analysis. To embark upon such challenges, we examine policy integration and policy coordination within the complex area of Swedish migration policies in light of the European migrant crisis. Through a content analysis of an extensive qualitative material (interviews and documents), we show that policy integration is weakly associated with joint objectives and decision‐making. As a contribution to prior knowledge in the field, we emphasize the unintuitive finding that counteracting siloism and fragmentation in Swedish migration policy is not achieved through coherent governance ranging across tiers, functions, and sectors but mainly at subnational levels through policy coordination relying on a bottom‐up approach.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"173 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136185164","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Eva Ruffing, Martin Weinrich, Berthold Rittberger, Arndt Wonka
{"title":"The European administrative space over time mapping the formal independence of EU agencies","authors":"Eva Ruffing, Martin Weinrich, Berthold Rittberger, Arndt Wonka","doi":"10.1111/rego.12556","DOIUrl":"https://doi.org/10.1111/rego.12556","url":null,"abstract":"Throughout the past decades, the EU's agency landscape has continuously expanded in size and scope. In this article, we address the lack of longitudinal data on EU agencies' formal independence. We introduce a newly revised index to measure the formal independence of EU agencies from other EU institutions over time. Applying a rules-as-data approach we coded 206 regulations and amendments to develop a new dataset covering the formal independence of all 39 EU agencies from 1975 to 2022. This longitudinal overview provides first insights about the development of formal independence at the case and population levels. At the case level we identify frequent, albeit gradual reforms of EU agencies' independence. At the population level, we observe remarkable stability in overall independence, but find stark variation across different independence dimensions. Overall, EU-level principals have shifted over time from controlling individual decisions to controlling the agencies' general decision-making apparatus.","PeriodicalId":21026,"journal":{"name":"Regulation & Governance","volume":"9 9","pages":""},"PeriodicalIF":3.0,"publicationDate":"2023-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50164656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}