About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

26 Vand. J. Ent. & Tech. L. 1 (2023-2024)

handle is hein.journals/vanep26 and id is 1 raw text is: Regulation Priorities for Artificial
Intelligence Foundation Models
Matthew R. Gaske*
ABSTRACT
This Article responds to the call in technology law literature for
high-level frameworks to guide regulation of the development and use of
Artificial Intelligence (AI) technologies. Accordingly, it adapts a
generalized form of the fintech Innovation Trilemma framework to argue
that a regulatory scheme can prioritize only two of three aims when
considering Al oversight: (1) promoting innovation, (2) mitigating
systemic risk, and (3) providing clear regulatory requirements.
Specifically, this Article expressly connects legal scholarship to research
in other fields focusing on foundation model Al systems and explores this
kind of system's implications for regulation priorities from the
geopolitical and commercial competitive contexts. These models are so-
named because they have a novel ability to easily apply their resources
across a broad variety of use cases, unlike prior AI technologies. These
systems, such as OpenAl's ChatGPT or Alphabet's LaMDA, have
recently rocketed to popularity and have the potential to fundamentally
change many areas of life. Yet, legal scholarship examining AI has
insufficiently recognized the role of international and corporate
competition in such a transformational field. Considering that
competitive context and the Trilemma, this Article argues from a
descriptive perspective that solely one policy prioritization choice is
needed: whether to emphasize systemic risk mitigation or clear
requirements, given that prioritizing innovation is effectively a given for
many governmental and private actors. Next, regulation should
J.D., Vanderbilt University Law School, 2016; M.B.A., University of Michigan Ross
School of Business, 2023. The views expressed in this Article are the author's and are no indication
of the views of any employers or institutions to which the author has, had, or will have an
affiliation. While the author works or has worked with an early-stage venture capital firm focusing
on artificial intelligence and similar subject matter, he neither has nor had a financial interest in
that fund or its investments. 0 2023, Matthew R. Gaske. Thank you is particularly warranted to
Yesha Yadav, Daniel Sokol, Brian Wu, Cheng Gao, and the VANDERBILT JOURNAL OF
ENTERTAINMENT AND TECHNOLOGY editorial team.
1

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most