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31 January 2025 / Ian McDougall
Issue: 8102 / Categories: Features , Profession , Artificial intelligence , Technology , Regulatory
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The AI emperor has no clothes

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Is sheer panic & confusion driving the push to regulate artificial intelligence? Ian McDougall highlights the folly of legislating for something that doesn’t exist
  • Despite the rush to push through legislation specifically designed to regulate artificial intelligence (AI), the bulk of issues raised pre-date the development of AI, and are therefore already covered by existing legislation.

Firstly, I acknowledge that this article has come too late to influence the topic. The horse has bolted, the train has left the station, and the diva is already singing. Nonetheless, I still feel I should put these thoughts on the record. Sometimes being a lone voice is lonely, but I am patient. The points I am about to raise are as inevitable as they are frustrating.

So, with that lengthy and cryptic introduction, I shall give you the conclusion first, and then explain why. The conclusion: I am not convinced that there is a need for any artificial intelligence (AI)-specific regulation. It causes more confusion than any problem it seeks to solve. Existing law already covers the area, and

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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