Control, influence, and manipulation: AI has a power problem

Michael Guihot

Chapter Chapter 2 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 13-35 from Edward Elgar Publishing

Abstract: This chapter explores the intersection of artificial intelligence (AI) and social power, focusing on the challenges posed by the use of AI by Big Tech companies. Drawing on Lukes’ three dimensions of power, it explores how power in AI development and use can be an insidious force that manipulates, influences, and controls users, often without their knowledge, understanding, or consent. The chapter advocates for further classification of social power abuses, and deeper analysis of power relations in AI to inform more effective solutions. It underscores the necessity of addressing power dynamics in both current legal frameworks and new legislative responses to ensure a broad and effective approach to mitigating the negative impacts of AI. It argues that laws like the AI Act should consider asymmetrical social power and the likelihood of its misuse as a preliminary indicator of harm. This would necessitate an ex ante justification for the use of AI by power holders, like the existing framework that assesses other risks before implementation. The chapter also argues that, because there are a broad range of harms that flow from asymmetrical social power relations, there should be greater consideration of power within existing legal fields like competition, consumer, and privacy laws. These areas have been asked to respond to AI harms but require reform to address the full range of harms associated with AI use. Social power should be considered in this reform process.

Keywords: Competition law; Consumer law; Harm; Privacy; Social power; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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