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And at a moment when the rule of law itself is under strain in many parts of the world, we should also ask how AI might be used — carefully and deliberately — to strengthen the very legal foundations on which open and just societies depend.\n\nIn that spirit, I outline three interlinked opportunities for anticipatory work at the intersection of AI and law:\n\n* the development of a next generation of guard-rails that support better decision-making;\n* the creation of learning institutions equipped for experimental and shared governance;\n* the reinvigoration of human flourishing as a guiding principle for science and technology.\n\n**Next-Generation Guard-Rails: Towards Better Decision-Making**\n\nThe past decade has revealed not a failure of law itself but the consequences of misapplying outdated assumptions about how the law operates in complex, fast-changing environments. Too many regulatory efforts have been shaped by a narrow, static view of law as merely a tool for ex ante control or post hoc sanctions, resulting in rules that are rigid, fragmented and poorly attuned to the generative quality of digital systems. These approaches often remain reactive and superficial, addressing isolated risks while neglecting the deeper socio-technical dynamics that shape the development and use of technology. What they lack is not authority but design: the flexibility, embeddedness and iterative capacity needed to guide AI in ways that are context-sensitive and future-oriented.\n\nWhat is needed instead is a new generation of guard-rails: not fixed constraints, but dynamic governance instruments that ensure the trajectory of AI remains in alignment with fundamental societal values. These guard-rails are not external controls imposed after the fact; they are part of the socio-technical infrastructure in which AI systems are conceived, designed and deployed, and must be built to support better decision-making, both human and automated.\n\nThis calls for governance mechanisms that are anticipatory, adaptive and responsive to feedback. Rather than aiming for exhaustive ex ante control, such guard-rails preserve agency and contestability within evolving systems. They combine legal certainty with procedural flexibility, enabling governance systems to learn from real-world effects while remaining anchored in legitimate boundaries.\n\nGuard-rails, in this view, are neither technocratic fixes nor political stopgaps. They are enabling structures: legal and institutional arrangements that facilitate experimentation while preventing irreversible harm. They offer an affirmative vision of governance — not as a brake on innovation but as the foundation for rights-compatible, trustworthy progress. Developing such guard-rails is a frontier for anticipatory research, where legal theory, institutional design and technical architecture must come together in sustained dialogue.\n\nFrom a legal perspective, a core challenge lies in reconciling contested and sometimes incompatible principles. For example, the many legal and philosophical notions of fairness — ranging from equal treatment to equity of outcomes — cannot all be operationalised simultaneously within AI systems. This raises hard questions about prioritisation, trade-offs and the role of law in mediating these tensions. Similarly, foundational principles of data protection, such as purpose limitation and data minimisation, may be in tension with the fundamentals of generative AI, which often relies on broad, repurposed datasets and large-scale model training. This creates a need for research into how such principles can be reinterpreted, adapted or safeguarded in ways that respect their normative core while accommodating the technical realities of AI development.\n\nWe are already seeing movement in this direction through adaptive governance mechanisms such as differentiated platform obligations for high-impact platforms, participatory risk assessment models that integrate stakeholder perspectives and iterative codes of practice bridging normative principles with evolving technical standards.\n\n**Learning Institutions: Toward Experimental and Shared Governance**\n\nJust as AI systems improve through iterative refinement, so too must our institutions. Anticipatory governance in the age of AI requires institutions that can experiment, learn and evolve over time without sacrificing democratic legitimacy or the rule of law. This is a challenging proposition but not an impossible one. Indeed, history offers numerous examples of institutions that were designed to grow into their mandates: from environmental agencies that expanded to address climate change to constitutional courts which adapted to digital rights.\n\nToday, the urgency is to build institutions that are explicitly primed for learning. This involves more than simply scaling up technical expertise. It means rethinking institutional design to allow for provisional rule-making, open-ended deliberation and robust mechanisms of feedback and revision. It also means ensuring that the outcomes of experimentation are captured, interpreted and shared. Learning must be social and cumulative, with institutions adapting internally while enabling others across jurisdictions and disciplines to benefit from the lessons they generate.\n\nThis turns anticipatory governance into a distributed endeavour. Learning institutions become sites of both local experimentation and global exchange. They provide a bridge between practice and policy, translating technical developments into legal categories and civic expectations. They make it possible not only to govern what is known, but to co-create responses to what is new and uncertain. Emerging institutional formats such as anticipatory sandboxes and foresight labs illustrate how governance can be reimagined as a shared learning process, where experimentation is structured, monitored and scaled across jurisdictions.\n\nSuch institutions are essential not only for managing risk but also for stewarding shared understanding. They are the connective tissue between science, technology and society — capable of interpreting the social meaning of AI and fostering governance cultures that are reflexive, collaborative and open-ended.\n\n**Flourishing Humans: Toward Better Societies**\n\nThe final opportunity — perhaps the most profound — is to ground the future of AI not in efficiency or performance alone, but in human flourishing. This requires a broader conception of intelligence, one that does not reduce value to accuracy of prediction, or progress to computational speed, but recognises the importance of trust, empathy, creativity, participation and well-being. The design-for-values movement has sought to embed societal and ethical principles directly into technology design, while responsible research and innovation frameworks extend this thinking into research governance, emphasising anticipation, reflexivity, inclusion and responsiveness. Both approaches have shaped how values enter technology development, but they also share persistent challenges: translating abstract principles into actionable design choices, reconciling competing values and ensuring legitimacy over time.\n\nRecent thinking shifts toward adaptive, participatory and context-sensitive methods that treat values not as fixed inputs but as elements to be revisited and negotiated throughout the lifecycle of AI systems. This evolution aligns closely with the aim of embedding human flourishing as a guiding principle, making values not just a starting point but a continuous thread in design, deployment and governance.\n\nIn legal and democratic traditions, human flourishing is not merely a philosophical ideal. It is a normative bedrock. It is embedded in the principles of dignity, autonomy and equality that underpin the rule of law, and it offers a normative anchor for approaches such as design-for-values and responsible innovation. As AI systems increasingly mediate decision-making in education, health, employment and the public sphere, the challenge is not only to integrate these principles into technical design but also to protect and advance them through institutional and legal safeguards. This makes the pursuit of human flourishing both a design challenge and a governance lodestar.\n\nAnticipating the future of law and legal systems in an age of advanced AI requires looking beyond technology alignment to institutional transformation. As AI reshapes decision-making across domains, it will also test the capacity of legal systems to uphold dignity, autonomy, equality and other foundational principles. This involves rethinking how legal doctrines are interpreted in data-driven contexts, how procedural safeguards like due process and contestability are preserved when decisions are automated, and how institutions can remain adaptive without losing legitimacy. Digital-rights frameworks, participatory governance processes and co-regulatory instruments such as living codes of practice offer early signs of how law can co-evolve with AI, embedding normative commitments into both system design and legal oversight. The challenge is to ensure that, as AI evolves, legal systems themselves become more capable of learning, coordinating across jurisdictions and stewarding human flourishing as a core purpose of governance.\n\nTo seize all three of these opportunities, we must integrate law, legal scholarship and governance deeply into the anticipatory science and technology agenda. This means treating legal thinking not merely as a compliance checkpoint but as a source of principles, procedures and institutional capacities that can guide AI’s trajectory from the outset.\n\nScience anticipation in this sense must be interdisciplinary in substance, not just in form, drawing on the procedural insights of law, the adaptive capabilities of learning institutions and the design methods that embed values into technology. Priorities for research and practice include the development of guard‑rails that reconcile contested principles such as fairness and privacy, the evaluation of adaptive legal frameworks that can evolve alongside AI, and the design of institutional models capable of cross-jurisdictional learning and coordination. \n\nBy grounding science anticipation in the rule of law, we gain not only mechanisms for managing risk but a shared orientation: tools and traditions to guide us in asking not only what is possible, but what is just.\n\n\n\nFurther reading:\n\n* Gasser, U., \\& Palfrey, J. (2025). Advanced Introduction to Law and Digital Technologies. Edward Elgar Publishing. (Forthcoming)\n* Gasser, U., \\& Mayer‑Schönberger, V. (2024). Guardrails: Guiding Human Decisions in the Age of AI. Princeton University Press.\n* Gasser, U. (2025). Navigating AI governance as a normative field: Norms, patterns, and dynamics. In K. H. Jamieson, W. Kearney, \\& A.-M. Mazza (Eds.), Realizing the promise and minimizing the perils of AI for science and the scientific community (Chapter 5). University of Pennsylvania Press.\n* Gasser, U. (2024). Governing AI With Intelligence. Issues in Science and Technology, 40(4), 36–40.\n* Mayer‑Schönberger, V. \\& Gasser, U., (2024, September 16). A Realist Perspective on AI Regulation. Foreign Policy.\n* Gasser, U. \\& Mayer‑Schönberger, V. (2025). On the Shoulders of Giants: The Importance of Regulatory Learning in the Age of AI. Virginia Journal of Law \\& Technology, 28(1), 1–24."},"titleRich":{"id":"68afe7f01dec39db691bd9d5_titleRich","text":""},"subtitleRich":{"id":"68afe7f01dec39db691bd9d5_subtitleRich","text":""},"openGraph":{"title":null,"description":{"plain":"AI is transforming science, markets and human capability — yet its most profound impact may lie in how it compels us to reimagine the principles and institutions by which we govern it. The future of AI is not only a technical question. 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Policy","title":null,"slug":"privacy-policy","path":"/privacy-policy"},"summary":{"text":"Humankind is facing global challenges that are placing people and the planet under stress and in great uncertainty.\n\nAt the same time, breakthroughs in science and technology are occurring at an unprecedented pace – but the full ramifications of these breakthroughs are not always evident.\n\nAnticipation, therefore, is key to building the future by fully leveraging the potential of new science and technology advances to improve well-being and promote inclusive development.\n\nThe Geneva Science and Diplomacy Anticipator (GESDA) Foundation was created in 2019 in Geneva to tackle this issue, as a think tank and do tank."},"thumbnail":{"url":"https://res.cloudinary.com/shapeable/image/upload/v1760413449/gesda-platform/site/gesda-radar-website_thumbnail__Screenshot_2025-10-14_at_11.42.59_o2cgxm.png"},"openGraph":{"title":"GESDA","date":"2026-09-16T00:16:49.08","description":{"plain":"Humankind is facing global challenges that are placing people and the planet under stress and in great uncertainty.\nAt the same time, breakthroughs in science and technology are occurring at an unprecedented pace – but the full ramifications of these breakthroughs are not always evident.\nAnticipation, therefore, is key to building the future by fully leveraging the potential of new science and technology advances to improve well-being and promote inclusive development.\nThe Geneva Science and Diplomacy Anticipator (GESDA) Foundation was created in 2019 in Geneva to tackle this issue, as a think tank and do tank.\n"},"image":{"url":"https://res.cloudinary.com/shapeable/image/upload/v1760413449/gesda-platform/site/gesda-radar-website_thumbnail__Screenshot_2025-10-14_at_11.42.59_o2cgxm.png","type":"image/png","thumbnails":{"full":{"url":"https://res.cloudinary.com/shapeable/image/upload/v1760413449/gesda-platform/site/gesda-radar-website_thumbnail__Screenshot_2025-10-14_at_11.42.59_o2cgxm.png"}}}},"termsAndConditions":{"text":""},"privacyPolicy":{"text":"At the Geneva Science and Diplomacy Anticipator (hereafter referred to as ‘GESDA’), we respect your privacy. We want to ensure that you get the information, content, and experiences that matter most to you. GESDA is committed to protecting the privacy of its stakeholders, communities, and other contacts.\n\n## Scope\n\nThis privacy policy applies to all personal data processed by full-time and part-time employees, volunteers when acting on behalf of GESDA, contractors and partners doing business on behalf of GESDA, as well as all legal entities, all operating locations in all countries, and all business processes conducted by GESDA.\n\n## Information Collected\n\n#### What information do we collect?\n\nGESDA collects the following personal data in line with the use purposes explained in a subsequent section:\n\n  * Your name and contact details\n  * Online profile data/usage\n  * Contact information\n  * Social media profile information\n  * Education and professional information\n  * Registration and participation in GESDA events and activities - Information about service usage\n  * Cookies\n  * Authentication data\n  * Location information\n  * Author and peer review information\n  * Other information you upload or provide to us\n\n#### How do we use your information?\n\nGESDA uses (and, where specified, shares) your personal information for the following purposes:\n\n  * To provide support or other services. GESDA may use your personal information to provide you with support or other services that you have ordered or requested. GESDA may also use your personal information to respond directly to your requests for information, including registrations for webinars, or other specific requests, or pass your contact information to the appropriate GESDA supplier or reseller for further follow-up related to your interests.\n  * To provide information based on your needs and respond to your requests. GESDA may use your personal information to provide you with notices of new product releases and service developments.\n  * To administer products. GESDA may contact you if you make use of (digital) products we offer, to confirm certain information (for example, that you did not experience problems in a download process). We may also use this information to confirm compliance with licensing and other terms of use and may share it with your company/institution.\n  * To assist in your participation in GESDA activities. GESDA will communicate with you, if you are participating in certain GESDA activities such as the GESDA Summit, authoring or reviewing a GESDA article, or GESDA humanitarian activities. GESDA may send you information such as update messages related to those activities (such as but not limited to the event's content, and event logistics)\n  * To update you on relevant GESDA events and opportunities. GESDA may communicate with you regarding relevant GESDA events and opportunities.\n  * To protect GESDA content and services. We may use your information to prevent potentially illegal activities and to enforce our terms and conditions.\n  * To get feedback or input from you. In order to deliver products and services of most interest to our stakeholders, from time to time, we may ask you to provide us input and feedback (for example through surveys).\n\n#### How can you control your information?\n\nYou can control the information we have about you and how we use as follows:\n\n  * If you are a registered guest for the GESDA Annual Summit 2021, any request for review, revise or correction of your personal data can be sent to summit@global.gesda specifying your request.\n\n#### Personal data about minors and children\n\nGESDA does not knowingly collect data from or about children under 16 without the permission of parent(s)/guardian(s). If we learn that we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 16, please contact us.\n\n#### How will you know if the Privacy Policy is changed?\n\nGESDA may update its Privacy Policy from time to time. If we make any material changes you will be notified by means of a notice on our website prior on the date the change becomes effective. We encourage you to periodically review this page for the latest information on our privacy practices.\n\n## Technical And Regulatory Information\n\n#### Logging practices\n\nGESDA automatically records the Internet Protocol (IP) addresses of visitors. The IP address is a unique number assigned to every computer on the internet. Generally, an IP address changes each time you connect to the internet (it is a \"dynamic\" address). Note, however, that if you have a broadband connection, depending on your individual circumstance, the IP address that we collect may contain information that could be deemed identifiable. This is because, with some broadband connections, your IP address doesn't change (it is \"static\") and could be associated with your personal computer.\n\nAs well as recording the IP addresses of users, GESDA may also keep track of sites that users visited immediately prior to visiting GESDA's website and the search terms they used to find it. We keep track of the pages visited on GESDA's website, the amount of time spent on those pages and the types of searches done on them. Your searches remain confidential and anonymous. GESDA uses this information only for statistical purposes to find out which pages users find most useful and to improve the website.\nGESDA also captures and stores information that you transmit. This may include:\n\n  * Browser/Device type/version\n  * Operating system used\n  * Media Access Control (MAC) address\n  * Date and time of the server request\n  * Volume of data transferred\n\n#### External links behaviour\n\nSome of the links on GESDA's websites link to other sites created and maintained by other public- and/or private-sector organizations. GESDA provides these links solely for your information and convenience. When you transfer to an outside website, you are leaving the GESDA domain, and GESDA's information management policies no longer apply. GESDA encourages you to read the privacy statement of each external website that you visit before you provide any personal data.\n\n#### Cookies and web beacons\n\nCookies and web beacons are electronic placeholders that are placed on your device by websites to track your individual movements on that website over time. GESDA uses both session-based cookies (which last only for the duration of the user's session) and persistent cookies (which remain on your device and provide information about the session you are in and waits for the next time you use that site again).\n\nThese cookies and web beacons provide useful information to GESDA, enabling us to recognize repeat users, facilitate the user's access to and use of our sites, allows us to track usage behavior, and to balance the usage of our websites on all GESDA web servers.\nTracking cookies, third-party cookies, and other technologies such as web beacons may be used to process additional information, enable non-core functionalities on the GESDA website and enable third-party functions (such as a social media \"share\" link). We may also include web beacons and other similar technology in promotional email messages to determine whether the messages have been opened.\n\n#### Do Not Track (DNT)\n\nThe online advertising industry has self-regulatory initiatives designed to provide consumers a choice in the types of ads they may see online and to conveniently opt-out from online behavioral ads served by some or all of the companies participating in these programs. Our websites do not respond to DNT consumer browser settings.\n\n#### Responses to legal requests\n\nGESDA reserves the right to share your information to respond to duly authorized information requests of governmental authorities or where required by law.\n\n#### Your data rights\n\nGESDA complies with all applicable data privacy laws and regulations including, but not limited to, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Under these laws and regulations, you may have certain rights to your data. Should you wish to exercise any of these rights, please send an email request to info@gesda.global with \"Data Privacy Request'' in the subject line and in the email please identify the specific privacy right you request assistance with. Please note additional information may be requested prior to fulfilling a request and that GESDA reserves the right to charge a fee, where permitted, to cover the cost of certain requests.\n\n#### How do I contact you if there is an issue?\nIf you have any questions or concerns about this Privacy Policy or about the use of your personal information, please feel free to contact us by email at info@gesda.global\n\n#### Contact Information\nGeneva Science and Diplomacy Anticipator (GESDA) c/o Fondation Campus Biotech\nChemin des Mines 9\n1202 Geneva\n+41 58 201 02 61\ninfo@gesda.global\n"},"welcomeUrl":"https://radar.gesda.global/app/welcome","welcomeTitle":"Welcome to GESDA and thanks for joining us! 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