Regulating Artificial Intelligence

Curated on Posted on by Stefaan Verhulst

Book by Thomas Wischmeyer and Timo Rademacher: “This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. 

Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. 

The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality….(More)”.

The Crowd and the Cosmos: Adventures in the Zooniverse

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Book by Chris Lintott: “The world of science has been transformed. Where once astronomers sat at the controls of giant telescopes in remote locations, praying for clear skies, now they have no need to budge from their desks, as data arrives in their inbox. And what they receive is overwhelming; projects now being built provide more data in a few nights than in the whole of humanity’s history of observing the Universe. It’s not just astronomy either – dealing with this deluge of data is the major challenge for scientists at CERN, and for biologists who use automated cameras to spy on animals in their natural habitats. Artificial intelligence is one part of the solution – but will it spell the end of human involvement in scientific discovery?

No, argues Chris Lintott. We humans still have unique capabilities to bring to bear – our curiosity, our capacity for wonder, and, most importantly, our capacity for surprise. It seems that humans and computers working together do better than computers can on their own. But with so much scientific data, you need a lot of scientists – a crowd, in fact. Lintott found such a crowd in the Zooniverse, the web-based project that allows hundreds of thousands of enthusiastic volunteers to contribute to science.

In this book, Lintott describes the exciting discoveries that people all over the world have made, from galaxies to pulsars, exoplanets to moons, and from penguin behavior to old ship’s logs. This approach builds on a long history of so-called “citizen science,” given new power by fast internet and distributed data. Discovery is no longer the remit only of scientists in specialist labs or academics in ivory towers. It’s something we can all take part in. As Lintott shows, it’s a wonderful way to engage with science, yielding new insights daily. You, too, can help explore the Universe in your lunch hour…(More)”.

The Downside of Tech Hype

Curated on Posted on by Stefaan Verhulst

Jeffrey Funk at Scientific American: “Science and technology have been the largest drivers of economic growth for more than 100 years. But this contribution seems to be declining. Growth in labor productivity has slowed, corporate revenue growth per research dollar has fallen, the value of Nobel Prize–winning research has declined, and the number of researchers needed to develop new molecular entities (e.g., drugs) and same percentage improvements in crop yields and numbers of transistors on a microprocessor chip (commonly known as Moore’s Law) has risen. More recently, the percentage of profitable start-ups at the time of their initial public stock offering has dropped to record lows, not seen since the dot-com bubble and start-ups such as Uber, Lyft and WeWork have accumulated losses much larger than ever seen by start-ups, including Amazon.

Although the reasons for these changes are complex and unclear, one thing is certain: excessive hype about new technologies makes it harder for scientists, engineers and policy makers to objectively analyze and understand these changes, or to make good decisions about new technologies.

One driver of hype is the professional incentives of venture capitalists, entrepreneurs, consultants and universities. Venture capitalists have convinced decision makers that venture capitalist funding and start-ups are the new measures of their success. Professional and business service consultants hype technology for both incumbents and start-ups to make potential clients believe that new technologies make existing strategies, business models and worker skills obsolete every few years.

Universities are themselves a major source of hype. Their public relations offices often exaggerate the results of research papers, commonly implying that commercialization is close at hand, even though the researchers know it will take many years if not decades. Science and engineering courses often imply an easy path to commercialization, while misleading and inaccurate forecasts from Technology Review and Scientific American make it easier for business schools and entrepreneurship programs to claim that opportunities are everywhere and that incumbent firms are regularly being disrupted. With a growth in entrepreneurship programs from about 16 in 1970 to more than 2,000 in 2014, many young people now believe that being an entrepreneur is the cool thing to be, regardless of whether they have a good idea.

Hype from these types of experts is exacerbated by the growth of social media, the falling cost of website creation, blogging, posting of slides and videos and the growing number of technology news, investor and consulting websites….(More)”.

Human Rights in the Age of Platforms

Curated on Posted on by Stefaan Verhulst

Book by Rikke Frank Jørgensen: “Today such companies as Apple, Facebook, Google, Microsoft, and Twitter play an increasingly important role in how users form and express opinions, encounter information, debate, disagree, mobilize, and maintain their privacy. What are the human rights implications of an online domain managed by privately owned platforms? According to the Guiding Principles on Business and Human Rights, adopted by the UN Human Right Council in 2011, businesses have a responsibility to respect human rights and to carry out human rights due diligence. But this goal is dependent on the willingness of states to encode such norms into business regulations and of companies to comply. In this volume, contributors from across law and internet and media studies examine the state of human rights in today’s platform society.

The contributors consider the “datafication” of society, including the economic model of data extraction and the conceptualization of privacy. They examine online advertising, content moderation, corporate storytelling around human rights, and other platform practices. Finally, they discuss the relationship between human rights law and private actors, addressing such issues as private companies’ human rights responsibilities and content regulation…(More)”.

Facial recognition needs a wider policy debate

Curated on Posted on by Stefaan Verhulst

Editorial Team of the Financial Times: “In his dystopian novel 1984, George Orwell warned of a future under the ever vigilant gaze of Big Brother. Developments in surveillance technology, in particular facial recognition, mean the prospect is no longer the stuff of science fiction.

In China, the government was this year found to have used facial recognition to track the Uighurs, a largely Muslim minority. In Hong Kong, protesters took down smart lamp posts for fear of their actions being monitored by the authorities. In London, the consortium behind the King’s Cross development was forced to halt the use of two cameras with facial recognition capabilities after regulators intervened. All over the world, companies are pouring money into the technology.

At the same time, governments and law enforcement agencies of all hues are proving willing buyers of a technology that is still evolving — and doing so despite concerns over the erosion of people’s privacy and human rights in the digital age. Flaws in the technology have, in certain cases, led to inaccuracies, in particular when identifying women and minorities.

The news this week that Chinese companies are shaping new standards at the UN is the latest sign that it is time for a wider policy debate. Documents seen by this newspaper revealed Chinese companies have proposed new international standards at the International Telecommunication Union, or ITU, a Geneva-based organisation of industry and official representatives, for things such as facial recognition. Setting standards for what is a revolutionary technology — one recently described as the “plutonium of artificial intelligence” — before a wider debate about its merits and what limits should be imposed on its use, can only lead to unintended consequences. Crucially, standards ratified in the ITU are commonly adopted as policy by developing nations in Africa and elsewhere — regions where China has long wanted to expand its influence. A case in point is Zimbabwe, where the government has partnered with Chinese facial recognition company CloudWalk Technology. The investment, part of Beijing’s Belt and Road investment in the country, will see CloudWalk technology monitor major transport hubs. It will give the Chinese company access to valuable data on African faces, helping to improve the accuracy of its algorithms….

Progress is needed on regulation. Proposals by the European Commission for laws to give EU citizens explicit rights over the use of their facial recognition data as part of a wider overhaul of regulation governing artificial intelligence are welcome. The move would bolster citizens’ protection above existing restrictions laid out under its general data protection regulation. Above all, policymakers should be mindful that if the technology’s unrestrained rollout continues, it could hold implications for other, potentially more insidious, innovations. Western governments should step up to the mark — or risk having control of the technology’s future direction taken from them….(More)”.

Steering AI and Advanced ICTs for Knowledge Societies: a Rights, Openness, Access, and Multi-stakeholder Perspective

Curated on Posted on by Stefaan Verhulst

Report by Unesco: “Artificial Intelligence (AI) is increasingly becoming the veiled decision-maker of our times. The diverse technical applications loosely associated with this label drive more and more of our lives. They scan billions of web pages, digital trails and sensor-derived data within micro-seconds, using algorithms to prepare and produce significant decisions.

AI and its constitutive elements of data, algorithms, hardware, connectivity and storage exponentially increase the power of Information and Communications Technology (ICT). This is a major opportunity for Sustainable Development, although risks also need to be addressed.

It should be noted that the development of AI technology is part of the wider ecosystem of Internet and other advanced ICTs including big data, Internet of Things, blockchains, etc. To assess AI and other advanced ICTs’ benefits and challenges – particularly for communications and information – a useful approach is UNESCO’s Internet Universality ROAM principles.These principles urge that digital development be aligned with human Rights, Openness, Accessibility and Multi-stakeholder governance to guide the ensemble of values, norms, policies, regulations, codes and ethics that govern the development and use of AI….(More)”

A New Wave of Deliberative Democracy

Curated on Posted on by Stefaan Verhulst

Essay by Claudia Chwalisz: “….Deliberative bodies such as citizens’ councils, assemblies, and juries are often called “deliberative mini-publics” in academic literature. They are just one aspect of deliberative democracy and involve randomly selected citizens spending a significant period of time developing informed recommendations for public authorities. Many scholars emphasize two core defining features: deliberation (careful and open discussion to weigh the evidence about an issue) and representativeness, achieved through sortition (random selection).

Of course, the principles of deliberation and sortition are not new. Rooted in ancient Athenian democracy, they were used throughout various points of history until around two to three centuries ago. Evoked by the Greek statesman Pericles in 431 BCE, the ideas—that “ordinary citizens, though occupied with the pursuits of industry, are still fair judges of public matters” and that instead of being a “stumbling block in the way of action . . . [discussion] is an indispensable preliminary to any wise action at all”—faded to the background when elections came to dominate the contemporary notion of democracy.

But the belief in the ability of ordinary citizens to deliberate and participate in public decisionmaking has come back into vogue over the past several decades. And it is modern applications of the principles of sortition and deliberation, meaning their adaption in the context of liberal representative democratic institutions, that make them “democratic innovations” today. This is not to say that there are no longer proponents who claim that governance should be the domain of “experts” who are committed to govern for the general good and have superior knowledge to do it. Originally espoused by Plato, the argument in favor of epistocracy—rule by experts—continues to be reiterated, such as in Jason Brennan’s 2016 book Against Democracy. It is a reminder that the battle of ideas for democracy’s future is nothing new and requires constant engagement.

Today’s political context—characterized by political polarization; mistrust in politicians, governments, and fellow citizens; voter apathy; increasing political protests; and a new context of misinformation and disinformation—has prompted politicians, policymakers, civil society organizations, and citizens to reflect on how collective public decisions are being made in the twenty-first century. In particular, political tensions have raised the need for new ways of achieving consensus and taking action on issues that require long-term solutions, such as climate change and technology use. Assembling ordinary citizens from all parts of society to deliberate on a complex political issue has thus become even more appealing.

Some discussions have returned to exploring democracy’s deliberative roots. An ongoing study by the Organization for Economic Co-operation and Development (OECD) is analyzing over 700 cases of deliberative mini-publics commissioned by public authorities to inform their decisionmaking. The forthcoming report assesses the mini-publics’ use, principles of good practice, and routes to institutionalization.3 This new area of work stems from the 2017 OECD Recommendation of the Council on Open Government, which recommends that adherents (OECD members and some nonmembers) grant all stakeholders, including citizens, “equal and fair opportunities to be informed and consulted and actively engage them in all phases of the policy-cycle” and “promote innovative ways to effectively engage with stakeholders to source ideas and co-create solutions.” A better understanding of how public authorities have been using deliberative mini-publics to inform their decisionmaking around the world, not just in OECD countries, should provide a richer understanding of what works and what does not. It should also reveal the design principles needed for mini-publics to effectively function, deliver strong recommendations, increase legitimacy of the decisionmaking process, and possibly even improve public trust….(More)”.

The people, not governments, should exercise digital sovereignty

Curated on Posted on by Stefaan Verhulst

John Thornhill at the Financial Times: “European politicians who have been complaining recently about the loss of “digital sovereignty” to US technology companies are like children grumbling in the back of a car about where they are heading. …

Sovereign governments used to wield exclusive power over validating identity, running critical infrastructure, regulating information flows and creating money. Several of those functions are being usurped by the latest tech.

Emmanuel Macron, France’s president, recently told The Economist that Europe had inadvertently abandoned the “grammar” of sovereignty by allowing private companies, rather than public interest, to decide on digital infrastructure. In 10 years’ time, he feared, Europe would no longer be able to guarantee the soundness of its cyber infrastructure or control its citizens’ and companies’ data.

The instinctive response of many European politicians is to invest in grand, state-led projects and to regulate the life out of Big Tech. A recent proposal to launch a European cloud computing company, called Gaia-X, reflects the same impulse that lay behind the creation of Quaero, the Franco-German search engine set up in 2008 to challenge Google. That you have to Google “Quaero” rather than Quaero “Quaero” tells you how that fared. The risk of ill-designed regulation is that it can stifle innovation and strengthen the grip of dominant companies.

Rather than just trying to shore up the diminishing sovereignty of European governments and prop up obsolete national industrial champions, leaders may do better to reshape the rules of the data economy to empower users and stimulate a new wave of innovation. True sovereignty, after all, lies in the hands of the people. To this end, Europe should encourage greater efforts to “re-decentralise the web”, as computer scientists say, to accelerate the development of the next generation internet. The principle of privacy by design should be enshrined in the next batch of regulations, following the EU’s landmark General Data Protection Regulation, and written into all public procurement contracts. …(More).

Technology & the Law of Corporate Responsibility – The Impact of Blockchain

Curated on Posted on by Stefaan Verhulst

Blogpost by Elizabeth Boomer: “Blockchain, a technology regularly associated with digital currency, is increasingly being utilized as a corporate social responsibility tool in major international corporations. This intersection of law, technology, and corporate responsibility was addressed earlier this month at the World Bank Law, Justice, and Development Week 2019, where the theme was Rights, Technology and Development. The law related to corporate responsibility for sustainable development is increasingly visible due in part to several lawsuits against large international corporations, alleging the use of child and forced labor. In addition, the United Nations has been working for some time on a treaty on business and human rights to encourage corporations to avoid “causing or contributing to adverse human rights impacts through their own activities and [to] address such impacts when they occur.”

DeBeers, Volvo, and Coca-Cola, among other industry leaders, are using blockchain, a technology that allows digital information to be distributed and analyzed, but not copied or manipulated, to trace the source of materials and better manage their supply chains. These initiatives have come as welcome news in industries where child or forced labor in the supply chain can be hard to detect, e.g. conflict minerals, sugar, tobacco, and cacao. The issue is especially difficult when trying to trace the mining of cobalt for lithium ion batteries, increasingly used in electric cars, because the final product is not directly traceable to a single source.

While non governmental organizations (NGOs) have been advocating for improved corporate performance in supply chains regarding labor and environmental standards for years, blockchain may be a technological tool that could reliably trace information regarding various products – from food to minerals – that go through several layers of suppliers before being certified as slave- or child labor- free.

Child labor and forced labor are still common in some countries. The majority of countries worldwide have ratified International Labour Organization (ILO) Convention No. 182, prohibiting the worst forms of child labor (186 ratifications), as well as the ILO Convention prohibiting forced labor (No. 29, with 178 ratifications), and the abolition of forced labor (Convention No. 105, with 175 ratifications). However, the ILO estimates that approximately 40 million men and women are engaged in modern day slavery and 152 million children are subject to child labor, 38% of whom are working in hazardous conditions. The enduring existence of forced labor and child labor raises difficult ethical questions, because in many contexts, the victim does not have a viable alternative livelihood….(More)”.

The Right to Be Seen

Curated on Posted on by Stefaan Verhulst

Anne-Marie Slaughter and Yuliya Panfil at Project Syndicate: “While much of the developed world is properly worried about myriad privacy outrages at the hands of Big Tech and demanding – and securing – for individuals a “right to be forgotten,” many around the world are posing a very different question: What about the right to be seen?

Just ask the billion people who are locked out of services we take for granted – things like a bank account, a deed to a house, or even a mobile phone account – because they lack identity documents and thus can’t prove who they are. They are effectively invisible as a result of poor data.

The ability to exercise many of our most basic rights and privileges – such as the right to vote, drive, own property, and travel internationally – is determined by large administrative agencies that rely on standardized information to determine who is eligible for what. For example, to obtain a passport it is typically necessary to present a birth certificate. But what if you do not have a birth certificate? To open a bank account requires proof of address. But what if your house doesn’t have an address?

The inability to provide such basic information is a barrier to stability, prosperity, and opportunity. Invisible people are locked out of the formal economy, unable to vote, travel, or access medical and education benefits. It’s not that they are undeserving or unqualified, it’s that they are data poor.

In this context, the rich digital record provided by our smartphones and other sensors could become a powerful tool for good, so long as the risks are acknowledged. These gadgets, which have become central to our social and economic lives, leave a data trail that for many of us is the raw material that fuels what Harvard’s Shoshana Zuboff calls “surveillance capitalism.” Our Google location history shows exactly where we live and work. Our email activity reveals our social networks. Even the way we hold our smartphone can give away early signs of Parkinson’s.

But what if citizens could harness the power of these data for themselves, to become visible to administrative gatekeepers and access the rights and privileges to which they are entitled? Their virtual trail could then be converted into proof of physical facts.

That is beginning to happen. In India, slum dwellers are using smartphone location data to put themselves on city maps for the first time and register for addresses that they can then use to receive mail and register for government IDs. In Tanzania, citizens are using their mobile payment histories to build their credit scores and access more traditional financial services. And in Europe and the United States, Uber drivers are fighting for their rideshare data to advocate for employment benefits….(More)”.