| Abstrakt: |
Policymakers often play a critical role in regulating the use and advancement of technology. Their decisions can have significant positive impacts on the development, adoption, and use of various technologies, but also negative ones if they decide to limit or even block a certain technology. Italy's temporary banning of the Generative Artificial Intelligence (GenAI) platform ChatGPT, much like New York City's Department of Education, demonstrates administrations' and policymakers' reliance on blacklisting and banning. Blacklisting and banning are often used interchangeably. Nevertheless, in the context of regulation, the terms are different and used for different purposes, and it is key to understand why, how, and what consequences are associated with each term, particularly when used in connection with innovative and disruptive technologies, such as GenAI. This Article explores the use of blacklisting as a regulatory tool while differentiating it from the practice of banning. In doing so, this Article examines the impact of any related explicit and implicit sanctions, especially as such sanctions include reputational damage, increased hardship in getting credit, and the potential costs of "doing business." Additionally, the Article makes the important distinction between two rationales for blacklisting: (1) Blacklisting for participating in or advancing an illegal activity or failing to comply with binding legal requirements; and (2) blacklisting for moral or ethical reasons. It also describes why sanctions do not always work. Finally, this Article makes policy recommendations that would help increase the effectiveness of blacklisting as a regulatory tool, while acknowledging the problematic nature of regulation by enforcement. [ABSTRACT FROM AUTHOR] |
