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Conceptual Boundaries as Bases for Deliberation

PhD project of Jonathan Nörz

In his monograph-based doctoral dissertation, Jonathan Nörz investigates the communications law aspects of the Artificial Intelligence Regulation, adopted in 2024 and now partially in force. The study examines to what extent the EU Regulation, as the first comprehensive framework for the governance of Artificial Intelligence, also covers communicative AI. The starting point of the dissertation is the set of definitions provided in Article 3 of the Regulation, particularly the notion of “autonomy” introduced there. The dissertation seeks an interdisciplinary interpretation of this definitional element, which describes a real, observable circumstance.

In a second step, the work aims to identify the specific fundamental rights risks posed by communicative artificial intelligence. The AI Regulation provides for an obligation to conduct a fundamental rights impact assessment and to evaluate and mitigate risks when dealing with AI models that constitute a systemic risk. Under the AI Regulation, providers are required to perform a fundamental rights impact assessment and to assess and mitigate potential risks where an AI system poses a systemic risk. The dissertation further analyzes the concept of systemic risk from a communications law perspective and examines potential fundamental rights implications—particularly in the context of Article 11 of the Charter of Fundamental Rights of the European Union. Depending on the degree of autonomy involved, different types of risks arise. The second part of the work thus reconnects with the first by developing a taxonomy of risks according to various autonomy levels or “tipping points”. In addition to examining the relationship between the different fundamental rights catalogues, the dissertation also addresses the question of protection of fundamental rights through standards and harmonized norms, questioning the democratic legitimacy of their procedural genesis.

Finally, alongside a methodological reflection on the interdisciplinary approach, the dissertation evaluates concrete phenomena of communicative AI in light of the developed criteria and classifies them within the established taxonomy.

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• Jonathan Nörz