The role of epistemic communities in the constitutionalization of Internet governance: The example of the European Commission High-Level Expert Group on Artificial Intelligence

In the last few years, digital constitutionalism has emerged as a novel, alternative, Internet Governance approach aiming at ordering and limiting the exercise of power by both states and private operators, as well as at promoting people's control over digital technology development.Although digital constitutionalism is encountering growing popularity, the prevalent nonbinding nature of its initiatives, the discrepancy between the jurisdictional border and transnational digital processes, and the technological embedment of governance mechanisms, have hindered the effectiveness of its impact.This paper identifies epistemic communities as a crucial factor for the constitutionalization of the digital technologies since they have the necessary technical expertise and policy commitment to create norms and standards at transnational level, informing the policy choices of both state and non-state actors.In order to illustrate this nexus, the article performs an in-depth investigation on the case of the European Commission High-Level Expert Group on Artificial Intelligence (HLEG-AI). The analysis revealed that the HLEG-AI effectively gathered an epistemic community strongly committed with fundamental rights promotion and capable to influence the following policy-making activities of the European Commission, as well as of other non-state stakeholders, whose involvement is essential in order to embed digital constitutionalism principles within the design of AI systems.