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When you transplant law, you bring stuff with it.

And if you look to environmental law and you say,

this looks enough like the problems that we're seeing with the use of AI systems,

we can analogize the problems from AI systems to pollution,

which a number of authors have done.

And you say, okay, well, then the solution should be,

let's bring an environmental regulation.

My point is you should also look to criticisms of environmental regulation

of toxic chemical regulation, of other places where this sort of risk regulation has been used

to try to figure out what goes wrong when people use it.

So this idea of policy baggage is that there are things risk regulation is actually pretty bad at doing.

And I happen to think that when you take what risk regulation is bad at doing,

and you cross it with the type of harms that AI regulation is trying to address,

which are often deontological for right-space harms,

then it raises some pretty significant concerns about whether this is in fact the right tool or really I should flag

is in fact the right tool by itself.

...