This is a special post for quick takes by Troy Tian. Only they can create top-level comments. Comments here also appear on the Quick Takes page and All Posts page.
Regarding fundamental institutional rights impacting AI regulation, I believe that the biggest issues a new fundamental right should be aimed at mitigating would be vagueness in legislation and accountability during arbitrage as well as what I term the “manufactured consent” issue. Firstly, one of the primary functions of an explicitly articulated fundamental right would be to define a set of legal first-principles as scaffolding upon which future generations of legislation and legal precedent may be built. Existing normative frameworks do prove insufficient here in the sense that consumer protections and other laws which seek to institutionalise responsibility for damages are short-sighted and would fail to concretely capture the consequences of a technology so increasingly ubiquitous as AI. With a framework to point to when or even before damages are incurred, perpetrators (hackers, engineers, or corporate upper management) are given a crime to be prosecuted for, rather than a hodgepodge post-hoc profile of the consequences of their actions. Further, as AI becomes increasingly integrated in and influential over people’s actual decisions and natural world models, concerns of manipulation of worldview become salient; like with legacy and social media, companies may easily manufacture consent or other opinions among user populations without necessarily explicitly violating “damages-oriented” laws. But by enshrining truth and loyalty to principles as a fundamental right, this destructive phenomenon of epistemic disempowerment becomes outright illegal and prosecutable.