Law of Private Remedies in the Governance of AI

Technological disruption leads to discontent in the law, regarding the limited remedies that are available under private law. The source of the problem is a ‘private law’ model that assumes that the function of law is to correct wrongs by compensating individuals who are harmed. So, the model is based on (i) individual claimants and (ii) financial redress. If we copy this private law model into our regulatory regimes for new technologies our governance remedies will fall short. On the one hand, the use of AI can affect in a single act a large number of people. On the other hand, not all offences can be cured through awarding money damages. Therefore, it is necessary to rethink private remedies in the face of AI wrongs to make law effective. To achieve this, the mantra of individual compensation has to be overcome in favor of a social perspective should prevail including the use of non-pecuniary measures to provide effective remedies for AI wrongs.