Intelligenza artificiale e governance pubblica: limiti e funzioni del diritto penale
di Lorenza Ricci (Esperta in Cybersecurity)
Technological progress often outpaces society and legal frameworks, challenging traditional approaches to governance. Artificial intelligence (Ai), as a pervasive and disruptive technology, exemplifies this tension, demanding a rethinking of legal boundaries and regulatory strategies. This article examines the role of Criminal Law in the public regulation of Ai and the management of its associated risks, analyzing its limits, potential, and interactions with other legal and regulatory tools. It highlights key features of Ai relevant to policy makers, including its dual-use nature, opacity, automation, and capacity to expand and transform threats, particularly in the context of criminal activity. The discussion addresses structural constraints of Criminal Law that hinder adaptive responses to rapidly evolving technologies, while highlighting its capacity to protect fundamental legal interests and deter harmful behavior within broader regulatory frameworks. The article also evaluates potential techniques for criminalization of malicious Ai use, while critically reviewing Italian legislative initiatives, notably Law 132/2025. It concludes that Criminal Law should play a residual, complementary role, emphasizing the need of proactive, multi-level governance, technical standards, and public awareness to promote responsible Ai use and mitigate emerging risks.
