The Need For An Indian System To Regulate AI

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(Source: The Hindu, 08/31/2023)

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Why in the news?

• This article discusses the differences between the AI regulatory systems of countries of the East and the West.
• AI regulation has become necessary due to the technology’s ability to assimilate data from multiple sources and present unique solutions.

Why is regulation of AI necessary?

• Lack of transparency: Most AI algorithms operate as black boxes and are not transparent, making it difficult to understand their decision-making process. This leads to concerns about their accountability and the risk of biased outcomes.
• Bias and discrimination: AI systems can inherit biases from the data they are trained on, leading to discriminatory outcomes. This can be seen in the relatively more errors seen among people of color in facial recognition technology.
• Lack of accountability: There is no clarity about the responsibility and accountability of AI decisions particularly in complex systems which leads to challenges in determining liability in AI-related events.
• Privacy and data protection: There are concerns about the privacy and data protection of consumer data as AI systems rely on vast amounts of personal data, which can lead to misuse, breaches, and violation of sensitive information if not properly handled.
• Lack of regulation and standards: The unchecked development and deployment of AI has exceeded the ability of regulatory frameworks and industry standards to keep up with it resulting in a regulatory gap.
• Security risks: AI systems are vulnerable to cybersecurity threats and attacks that can manipulate the results produced. This is particularly concerning in fields such as autonomous vehicles and healthcare.
• Ethical considerations: AI has ethical concerns due to its impact on jobs, social inequality, and the concentration of power.

East is east and west is west

• The EU, Brazil, Canada, Japan, and China have made the most progress in terms of regulating AI. However, there are differences in terms of the regulatory structures and processes adopted by them.
• The processes adopted by Western systems such as the EU, Brazil, and Canada are fairly similar to each other while those of Eastern systems like Japan and China are fundamentally different.

Western model: risk-based regulation

• The Western systems have adopted a Eurocentric system of jurisprudence which focuses on a risk-based approach.
• Here, a pyramid is developed by lawyers that identifies all the risks posed by AI systems.
  • It categorizes AI-based applications into levels of risk: 'unacceptable risk,' 'high risk,' 'limited risk,' and 'low risk.'
  • In the EU, certain classes of activities have been due to the ‘unacceptable risks’ while some activities have been regulated for the ‘high risks’, and a set of disclosure-based obligations have been instituted for the ‘low risk’ activities.
  • Brazil has adopted a similar system with strict governance measures that all AI applications must comply with.
  • Canada also identifies activities to be prohibited and clear regulations on the functioning of AI.

Japanese approach: human-human-centric AI

• The Integrated Innovation Strategy Promotion Council of the Japanese government has developed the Social Principles of Human-Human-Centric AI which defines the fundamental principles that AI systems must uphold.
• This includes seven social principles that society and the state must respect in AI interactions: human-centricity; education/literacy; data protection; ensuring safety; fair competition; fairness, accountability and transparency, and innovation.

Chinese perspective: values-driven regulation

• The Chinese regulations specify that generative artificial intelligence services should adhere to the laws and administrative regulations, respect social morality and ethics, and abide by respective provisions.
• It prescribes the kind of values that should be upheld and promoted by AI services, and the ends that should be achieved through them.
• Unlike the Western model, which primarily defines the "how" of compliance, the Chinese model emphasizes the "ends" and the values that must guide compliance.

Hindu jurisprudence

• The Western model includes a clearly defined set of rules that will be followed by a rule-abiding society, and proscriptions and punishments for violators.
• The Eastern model is more open and overlaps between legal and moral jurisprudence.
  • Such models have been termed “Hindu Jurisprudence” by the legal philosopher Harrop Freeman.

The underlying theories

• According to Prof. Northrop of the Yale Law School who undertook a study of the legal systems of the east and west, the Eurocentric legal systems created rules of law through “postulation”.
• This means that the legal system precisely defines what must be done in any given social order and prescribes penalties for non-compliance.
• In comparison, the Eastern or Oriental legal systems developed rules of law through “intuition”.
• Here, the law prescribes the end that is to be achieved and its underlying morality with people intuitively finding ways to implement them adequately.
• The success of ancient Indian legal systems can be attributed to the clear indication of the ends to be achieved and the underlying moral code.
  • E.g.: Pandava’s exile and Ashoka’s edicts.
• Similarly, China’s tale of Emperor Wudi is an example of the underlying moral code in legal systems.

Initiatives

India

• Digital India framework: India’s comprehensive Digital India framework will include provisions for regulating AI and aims to protect digital citizens and ensure the safe and trusted use of AI.
• India is also developing an ecosystem of modern cyber laws and regulations that are based on the principles of openness, safety, trust, and accountability which will act as a framework for AI governance.
• National AI programme: A National AI Programme has been established to promote the efficient and responsible use of AI.
• National Data Governance Framework Policy: India has implemented a National Data Governance Framework Policy to govern the collection, storage, and usage of data, including data used in AI systems. This policy will help ensure the ethical and responsible handling of data in the AI ecosystem.
• Draft Digital India Act: The Ministry of Information Technology and Electronics is working on framing the draft Digital India Act, which will replace the existing IT Act. The new act will have a specific chapter dedicated to emerging technologies, particularly AI, and how to regulate them to protect users from harm.

Rest of the World

• European Union: The European Union is working on the draft Artificial Intelligence Act (AI Act) to regulate AI from the top down.
• United States: The White House Office of Science and Technology Policy has published a non-binding Blueprint for the Development, Use, and Deployment of Automated Systems (Blueprint for an AI Bill of Rights), listing principles to minimize potential harm from AI.
• Japan: Japan’s approach to regulating AI is guided by the Society 5.0 project, aiming to address social problems with innovation. The Integrated Innovation Strategy Promotion Council has published social principles for human-centric AI and guidelines for AI developers and companies.
• China: China has established the “Next Generation Artificial Intelligence Development Plan” and published ethical guidelines for AI. The country has also introduced specific laws related to AI applications, such as the management of algorithmic recommendations.

Cue from the judiciary

• Following the colonization of India, the British transplanted their legal system to the country. However, the resulting system lacked the virtues of the ancient Indian system and the Eurocentric system.
• Although India's legal landscape has been influenced by both its ancient traditions and British colonial legacy, it is necessary to refrain from slavishly adopting Western models.
• Regulators should take inspiration from judges who have recommended the need for a distinct approach to AI regulation based on Eastern models of jurisprudence.
• The NITI Aayog has circulated three discussion papers related to AI, each of which only cites the Eurocentric AI regulations of the EU, the United States, Canada, the United Kingdom, and Australia, despite claiming to have identified systems and principles from around the world.

Conclusion

• India must develop regulations that are consistent with the Indian ethos.
• Therefore, India must take inspiration from the East in framing its AI regulations to ensure its effectiveness.

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FAQs

MCQs

Question: With the present state of development, Artificial Intelligence can effectively do which of the following? (UPSC CSE 2020)

1. Bring down electricity consumption in industrial units.
2. Create meaningful short stories and songs.
3. Disease diagnosis.
4. Text-to-Speech Conversion.
5. Wireless transmission of electrical energy.

Select the correct answer using the code given below:

(a) 1, 2, 3 and 5 only

(b) 1, 3 and 4 only

(c) 2, 4 and 5 only

(d) 1, 2, 3, 4 and 5