Maarten Herbosch.
AI regulation is often presented as requiring a trade-off between innovation and safety. This Article shows that dichotomy is misleading. Examining both the EU AI Act and proposed U.S. regulatory initiatives, it argues that neither sweeping value-based regulation nor regulatory abstention adequately protects relevant legal interests or supports innovation. Instead, it advances a more targeted alternative: low-cost procedural safeguards anchored in existing legal regimes can help ensure accountability while minimizing unnecessary costs.
