Regulating the use of facial recognition technology across borders: A comparative case analysis of the European Union,the United States,and China

Regulating the use of facial recognition technology (FRT) presents a Collingridge dilemma regarding the great demand for common legal principles to mediate the practical conflicts between privacy and efficiency, autonomy and authority, and safety and accountability. This study compares the enforcement by legitimate authorities in the European Union, the United States, and China of the laws and regulations applied in practical FRT cases and explores the fundamental principles and values manifested in these judgments and their results. The findings presented here indicate that (1) the E.U. regulations tend to move from downstream to upstream based on the notions of “privacy by design” and “privacy by default,” (2) the U.S. regulations are not limited to private contexts but tend also to target the (semi-)public sector, and (3) the Chinese regulations have been shifting from a practice represented by the phrase “nine dragons playing with a pearl” to a practice of “learning by doing”. Specifically, with respect to the determination of violations, the E.U. jurisprudence endorses deontological ethics and the U.S. jurisprudence a kind of universal egoism while the core FRT legislation in China valorizes utilitarianism. Overall, a top-down regulatory framework relating to FRT usage was apparent in the E.U. countries, a self-regulatory approach was observed in the United States, and a “presumption of fault” principle was manifested in China's process of assessing damages.     

CEO performance-based grants’ vesting provisions and debt contracts: Evidence from GAAP,Non-GAAP and KPI metrics

We examine the influence of CEOs’ equity and cash grants’ vesting provisions that are based on (i) accounting performance metrics prepared under US generally accepted principles (GAAP), (ii) non-GAAP performance metrics and (iii) key performance indicators (KPIs) on debt contracts. We find that grants with vesting provisions based on GAAP metrics and KPIs lead to a lower cost of debt, a lower likelihood of collateral requirements and less restrictive covenant terms. In contrast, performance-based grants with non-GAAP vesting provisions lead to a higher cost of debt, a higher likelihood of collateral requirements and more restrictive covenant terms. Supplementary analyses reveal that our results are incremental to other debtholder-friendly features in the CEO contracts, such as grants with debt-related performance measures and CEOs’ inside debt holdings, and robust to alternative variable definitions and specifications. Overall, our results suggest that debtholders understand the differing incentives associated with GAAP, non-GAAP and KPI-based performance measures, and incorporate these differences into debt contracts.     

Developing design principles for the implementation of AI in PSM: An investigation with expert interviews

The use of artificial intelligence (AI) in purchasing and supply management (PSM) has great potential, e.g. for automating processes and supporting PSM employees. Nevertheless, the number of realized AI use cases in PSM is still limited, and mostly in large companies. This paper examines first requirements for the implementation of AI in PSM. Second, design principles are developed on the basis of the identified requirements. Third, exemplary AI use cases in PSM are presented. For this purpose, a literature analysis is first conducted and followed by interviews with 17 PSM and technology experts. Finally, 40 requirements for the implementation of AI in PSM are developed from the conducted expert interviews. Based on these 40 requirements, ten design principles are developed in the sense of the design science research (DSR) approach to describe the relevant activities for the implementation of AI in PSM. The artifacts developed in this paper will contribute to the implementation of AI in PSM. The applicable research results should facilitate the transfer of knowledge into practice and contribute to the establishment of the DSR method in PSM research.