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AI & SOCIETY (2021) 36:561–572
https://doi.org/10.1007/s00146-020-01009-8
OPEN FORUM
Legal dilemmas ofEstonian artificial intelligence strategy:
inbetweenofe‑society andglobal race
TanelKerikmäe1· EvelinPärn‑Lee1
Received: 27 January 2020 / Accepted: 16 June 2020 / Published online: 1 July 2020
© Springer-Verlag London Ltd., part of Springer Nature 2020
Abstract
Estonia has successfully created a digital society within the past 2 decades. It is best known for its eGovernment achievements, but
it is also home for four unicorn star-ups. While the state is aiming to attract tech investments with e-Residency program and has
recently started to invest into protecting national IP and safeguarding data from cybercrime by applying blockchain technology
and creating its “digital embassy” in Luxembourg, emerging technologies such as and applications of artificial intelligence but
also internet of things have posed the question on legal regulation and standardization. The dilemma, however, seems to be that
since the new technologies, such artificial intelligence is much more overwhelming phenomenon than e-governance and presum-
ably, before deciding the legal standards, the political and economic strategies that go beyond the e-governance should be set.
Keywords Artificial intelligence· Robot judge· Automated decision making· Liability· EU competition law· EU state aid
1 Introduction
Estonia is best known as an example of a developed e-gov-
ernance system. Being a small state, Estonians are proud of
having built in the last 25years the world’s most advanced
digital society,1 and there is a social consensus that the
direction has been profitable equally to all members of
society. Hardly anyone could have imagined in 1994, when
the first national IT strategy was drafted,2 that by the year
2020 almost every Estonian citizen3 would have an e-ID
and nearly 70% of them would use it in their everyday life.
Already 20years back, to reduce administrative bureaucracy,
the Estonian Government began to use e-solutions in their
decision-making procedures. Over the last 2 decades (i.e.,
2000–2020), many public services have been made available
online, starting with filing tax returns or voting in nationwide
elections and ending with registering sale and purchase of a
vehicle in a vehicle register,4 or renewing a driving license.
Nowadays, every Estonian public service has some e-solu-
tion component attached to it. Although some concerns have
been expressed as to whether the Estonian IT tiger5 is getting
tired,6 in general Estonian ranking in surveys concerning
This paper was written on behalf of theprojectno. 20-
27227S“The Advent, Pitfalls and Limits of Digital
Sovereignty of the European Union” funded by the Czech
ScienceFoundation(GAČR).
* Evelin Pärn-Lee
evelin.parn-lee@taltech.ee
Tanel Kerikmäe
tanel.kerikmae@taltech.ee
1 TalTech Law School, Tallinn University ofTechnology
(TalTech), Ehitajate tee 5, 19086Tallinn, Estonia
1 See https ://e-eston ia.com/.
2 A document that was much inspired from the EU and US develop-
ments in the field, such as the “Bageman report” from 1994, Com-
mission White Paper on Growth, competitiveness, and employment
from 1993. See also Tarmo Kalvet. Eesti Infoühiskonna arengud
alates 1990. Aastatest. PRAXISe Toimetised Nr 30, August 2007.
3 The percentage of ID owners is reported to be 99.
4 Only in very special cases you need to be physically present for re-
registering the vehicle.
5 In 1996 Estonia launched a program called “Tiger’s Leap” with the
aim of investing into network infrastructure and hardware.
6 See for example Kalvet, T. (2007) The Estonian Information Soci-
ety Developments Since the 1990s, Working Paper No. 29, Praxis
Centre for Policy Studies, Tallinn. Drechsler, W., Backhaus, J.G.,
Burlamaqui, L., Chang, H-J., Kalvet, T., Kattel, R., Kregel, J. and
Reinert, E.S. (2006) ‘Creative destruction management in central
and eastern Europe: meeting the challenges of the techno-economic
paradigm shift’, in Kalvet, T. and Kattel, R. (Eds.): Creative Destruc-
tion Management: Meeting the Challenges of the Techno-Economic
Paradigm Shift, PRAXIS Centre for Policy Studies, Tallinn. Tiits,
M., Kattel, R., Kalvet, T. and Tamm, D. (2008) ‘Catching up, forging
ahead or falling behind? central and eastern European development
in 1990–2005′, Innovation: The European Journal of Social Science
Research, Vol. 21, No. 1, pp.65–85.
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