Regulation is an industry, but effective regulation is an art. There are a number of recognised principles that should be considered when regulating an activity, such as efficiency, stability and regulatory structure, general principles, and the resolution of conflicts between these various competing principles. With the regulation of artificial intelligence (AI) technology, a number of factors make the centralised application of these principles difficult to realise but AI should be considered as a part of any relevant regulatory regime.
Because AI technology is still developing, it is difficult to discuss the regulation of AI without reference to a specific technology, field or application where these principles can be more readily applied. For example, optical character recognition (OCR) was considered to be AI technology when it was first developed, but today, few would call it AI.
Predictive technology for marketing and for navigation; Technology for ridesharing applications; Commercial flights routing; And even email spam filters.
These technologies are as different from each other as they are from OCR technology. This demonstrates why the regulation of AI technology (from a centralised regulatory authority or based on a centralised regulatory principle) is unlikely to truly work.
Efficiency-related principles include the promotion of competition between participants by avoiding restrictive practices that impair the provision of new AI-related technologies. This subsequently lowers barriers of entry for such technologies, providing the freedom of choice between AI technologies and creating competitive neutrality between existing AI technologies and new AI technologies (i.e. a level playing field). OCR technology was initially unregulated, at least from a central authority, and it was therefore allowed to develop and become faster and more efficient, even though there are many situations where OCR documents contained a large number of errors.
In a similar manner, a centralised regulation regime that encompasses all uses of AI mentioned above from a central authority or based on a single focus (e.g. avoiding privacy violations) would be inefficient.
The reason for this inefficiency is clear: the function and markets for these technologies are unrelated.
Strict regulations that require all AI applications to evaluate and protect the privacy of users might not only result in the failure to achieve any meaningful goals to protect privacy, but could also render those AI applications commercially unacceptable for reasons that are completely unrelated to privacy. For example, a regulation that requires drivers to be assigned based on privacy concerns could result in substantially longer wait times for riders if the closest drivers have previously picked up the passenger at that location. However, industry-specific regulation to address privacy issues might make sense, depending on the specific technology and specific concern within that industry.
Stability-related principles include providing incentives for the prudent assessment and management of risk, such as minimum standards, the use of regulatory requirements that are based on market values and taking prompt action to accommodate new AI technologies.
Using OCR as an example, if minimum standards for an acceptable number of errors in a document had been implemented, then the result would have been difficult to police, because documents have different levels of quality and some documents would no doubt result in less errors than others. In the case of OCR, the market was able to provide sufficient regulation, as companies competed with each other for the best solution, but for other AI technologies there may be a need for industry-specific regulations for ensuring minimum standards or other stability-related principles.
In regard to regulatory structure, these include following a functional/institutional approach to regulation, coordinating regulation by different agencies, and using a small number of regulatory agencies for any regulated activity. In that regard, there is no single regulatory authority that could implement and administer AI regulations across all markets, activities and technologies, or that would add a new regulatory regime to the ones already in place.
For example, in the US many state and federal agencies have OCR requirements that centre on specific technologies/software for document submission, and software application providers can either make their application compatible with those requirements or can seek to be included on a list of allowed applications. They do the latter by working with the state or federal agency to ensure that documents submitted using their applications will be compatible with the agencys uses. For other AI technologies there may be similarly industry-specific regulations that make sense in the context of the existing regulatory structure for that industry.
General principles of regulation include identifying the specific objectives of a regulation, cost-effectiveness, equitable distribution of the regulation costs , flexibility of regulation and a stable relationship between the regulators and regulated parties. Some of these principles could have been implemented for OCR, such as a specific objective in the terms of a number of errors per page. However, the other factors would have been more difficult to determine, and again would depend on an industry- or market-specific analysis. For many specific applications in specific industries, these factors were able to be addressed even though an omnibus regulatory structure was not implemented.
Preventing conflict between these different objectives requires a regime in which these different objectives can be achieved. For AI that would require an industry- or market-specific approach, and in the US, that approach has generally been followed for all AI-related technologies. As discussed, OCR-related technology is regulated by specific federal, state and local agencies as it pertains to their specific mission. Another AI technology is facial recognition, and a regulatory regime of federal, state and local regulation is in progress. The facial recognition technology space has been used by many of these authorities for different applications, with some recent push-back on the use of the technology by privacy advocates.
It is only when conflicts develop between such different regimes that input from a centralised authority may be required.
In the United States, an industry- and market-based approach is generally being adopted. In the 115th Congress, thirty-nine bills were introduced that had the phrase artificial intelligence in the text of the bill, and four were enacted into law. A large number of such bills were also introduced in the 116th Congress. As of April 2017, twenty-eight states had introduced some form of regulations for autonomous vehicles, and a large number of states and cities have proposed or implemented regulations for facial recognition technology.
While critics will no doubt assert that nothing much is being done to regulate AI, a simplistic and heavy-handed approach to AI regulation, reacting to a single concern such as privacy is unlikely to satisfy these principles of regulation, and should be avoided. Artificial intelligence requires regulation with real intelligence.
By Chris Rourk, Partner at Jackson Walker, a member of Globalaw.
Editor's Recommended Articles
See the article here:
Can we realistically create laws on artificial intelligence? - Open Access Government
- What is Artificial Intelligence? How Does AI Work? | Built In [Last Updated On: September 5th, 2019] [Originally Added On: September 5th, 2019]
- Artificial Intelligence What it is and why it matters | SAS [Last Updated On: September 5th, 2019] [Originally Added On: September 5th, 2019]
- artificial intelligence | Definition, Examples, and ... [Last Updated On: September 5th, 2019] [Originally Added On: September 5th, 2019]
- Benefits & Risks of Artificial Intelligence - Future of ... [Last Updated On: September 5th, 2019] [Originally Added On: September 5th, 2019]
- What is AI (artificial intelligence)? - Definition from ... [Last Updated On: September 11th, 2019] [Originally Added On: September 11th, 2019]
- What is Artificial Intelligence (AI)? ... - Techopedia [Last Updated On: September 13th, 2019] [Originally Added On: September 13th, 2019]
- 9 Powerful Examples of Artificial Intelligence in Use ... [Last Updated On: September 18th, 2019] [Originally Added On: September 18th, 2019]
- What's the Difference Between Robotics and Artificial ... [Last Updated On: September 18th, 2019] [Originally Added On: September 18th, 2019]
- The Impact of Artificial Intelligence - Widespread Job Losses [Last Updated On: September 18th, 2019] [Originally Added On: September 18th, 2019]
- Artificial Intelligence & the Pharma Industry: What's Next ... [Last Updated On: September 18th, 2019] [Originally Added On: September 18th, 2019]
- Artificial Intelligence | GE Research [Last Updated On: September 18th, 2019] [Originally Added On: September 18th, 2019]
- A.I. Artificial Intelligence (2001) - IMDb [Last Updated On: October 5th, 2019] [Originally Added On: October 5th, 2019]
- 10 Best Artificial Intelligence Course & Certification [2019 ... [Last Updated On: October 15th, 2019] [Originally Added On: October 15th, 2019]
- Artificial Intelligence in Healthcare: the future is amazing ... [Last Updated On: October 15th, 2019] [Originally Added On: October 15th, 2019]
- Will Artificial Intelligence Help Resolve the Food Crisis? - Inter Press Service [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- Two-thirds of employees would trust a robot boss more than a real one - World Economic Forum [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- UofL partners with industry experts to launch Artificial Intelligence Innovation Consortium Lane Report | Kentucky Business & Economic News - The... [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- China Sees Surge of Edtech Investments With Focus on Artificial Intelligence - Karma [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- NIST researchers use artificial intelligence for quality control of stem cell-derived tissues - National Institutes of Health [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- Indiana University Touts Big Red 200 and Artificial Intelligence at SC19 - HPCwire [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- One way for the Pentagon to prove it's serious about artificial intelligence - C4ISRNet [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- Artificial Intelligence Will Enable the Future, Blockchain Will Secure It - Cointelegraph [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- Artificial intelligence has become a driving force in everyday life, says LivePerson CEO - CNBC [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- 4 Reasons to Use Artificial Intelligence in Your Next Embedded Design - DesignNews [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- Artificial Intelligence Essay - 966 Words | Bartleby [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- AI News: Track The Latest Artificial Intelligence Trends And ... [Last Updated On: November 18th, 2019] [Originally Added On: November 18th, 2019]
- AI in contact centres: It's time to stop talking about artificial intelligence - Verdict [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Newsrooms have five years to embrace artificial intelligence or they risk becoming irrelevant - Journalism.co.uk [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Scientists used IBM Watson to discover an ancient humanoid stick figure - Business Insider [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- The Mark Foundation Funds Eight Projects at the Intersection of Artificial Intelligence and Cancer Research - BioSpace [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Colorado at the forefront of AI and what it means for jobs of the future - The Denver Channel [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Highlights: Addressing fairness in the context of artificial intelligence - Brookings Institution [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Artificial intelligence won't kill journalism or save it, but the sooner newsrooms buy in, the better - Nieman Journalism Lab at Harvard [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- How To Get Your Rsum Past The Artificial Intelligence Gatekeepers - Forbes [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Epiq expands company-wide initiative to accelerate the deployment of artificial intelligence for clients globally - GlobeNewswire [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Preparing the Military for a Role on an Artificial Intelligence Battlefield - The National Interest Online [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Podcast decodes ethics in artificial intelligence and its relevance to public - Daily Bruin [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Global Military Artificial Intelligence (AI) and Cybernetics Market Report, 2019-2024: Focus on Platforms, Technologies, Applications and Services -... [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Artificial intelligence warning: Development of AI is comparable to nuclear bomb - Express.co.uk [Last Updated On: November 20th, 2019] [Originally Added On: November 20th, 2019]
- Google's new study reveals 'Artificial Intelligence benefiting journalism' - Digital Information World [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Artificial Intelligence (AI) in Retail Market worth $15.3 billion by 2025 - Exclusive Report by Meticulous Research - GlobeNewswire [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- With artificial intelligence to a better wood product - Newswise [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Report to Congress on Artificial Intelligence and National Security - USNI News [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Most plastic is not getting recycled, and AI robots could be a solution - Business Insider [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Fujifilm Showcases Artificial Intelligence Initiative And Advances AI - AiThority [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Artificial intelligence could be one of the most valuable tools mankind has built - here's one small but meani - Business Insider India [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Artificial Intelligence: A Need of Modern 'Intelligent' Education - Thrive Global [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Drones And Artificial Intelligence Help Combat The San Francisco Bays Trash Problem - Forbes [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- DesignCon Expands Into Artificial Intelligence, Automotive, 5G, IoT, and More For 2020 Edition - I-Connect007 [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- Is St. Louis ready for artificial intelligence? It will steal white-collar jobs here, too - STLtoday.com [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- IT chiefs recognise the risks of artificial intelligence bias - ComputerWeekly.com [Last Updated On: November 23rd, 2019] [Originally Added On: November 23rd, 2019]
- PNNL researchers working to improve doctor-patient care through artificial intelligence - NBC Right Now [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- How Augmented Reality and Artificial Intelligence Are Helping Entrepreneurs Create a Better Customer Experience - CTOvision [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- Manufacturing Leaders' Summit: Realising the promise of Artificial Intelligence - Manufacturer.com [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- 2019 Artificial Intelligence in Precision Health - Dedication to Discuss & Analyze AI Products Related to Precision Healthcare Already Available -... [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- Artificial intelligence will affect Salt Lake, Ogden more than most areas in the nation, study shows - KSL.com [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- It Pays To Break Artificial Intelligence Out Of The Lab, Study Confirms - Forbes [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- The Best Artificial Intelligence Stocks of 2019 -- and The Top AI Stock for 2020 - The Motley Fool [Last Updated On: November 28th, 2019] [Originally Added On: November 28th, 2019]
- Artificial Intelligence of Things (AIoT) Market Research Report 2019-2024 - Embedded AI in Support of IoT Things/Objects Will Reach $4.6B Globally by... [Last Updated On: December 1st, 2019] [Originally Added On: December 1st, 2019]
- How Augmented Reality and Artificial Intelligence Are Helping Entrepreneurs Create a Better Customer Experience - Entrepreneur [Last Updated On: December 1st, 2019] [Originally Added On: December 1st, 2019]
- SC Proposes Introduction Of Artificial Intelligence In Justice Delivery System - Inc42 Media [Last Updated On: December 1st, 2019] [Originally Added On: December 1st, 2019]
- Artificial intelligence in FX 'may be hype' - FX Week [Last Updated On: December 1st, 2019] [Originally Added On: December 1st, 2019]
- Fujifilm Showcases Artificial Intelligence Initiative And Advances at RSNA 2019 - Imaging Technology News [Last Updated On: December 1st, 2019] [Originally Added On: December 1st, 2019]
- The Surprising Way Artificial Intelligence Is Transforming Transportation - Forbes [Last Updated On: December 1st, 2019] [Originally Added On: December 1st, 2019]
- Artificial Intelligence in 2020: The Architecture and the Infrastructure - Gigaom [Last Updated On: December 2nd, 2019] [Originally Added On: December 2nd, 2019]
- AI IN BANKING: Artificial intelligence could be a near $450 billion opportunity for banks - here are the strat - Business Insider India [Last Updated On: December 2nd, 2019] [Originally Added On: December 2nd, 2019]
- The impact of artificial intelligence on humans - Bangkok Post [Last Updated On: December 2nd, 2019] [Originally Added On: December 2nd, 2019]
- Should the EU embrace artificial intelligence, or fear it? - EURACTIV [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- BioSig Technologies Announces New Collaboration on Development of Artificial Intelligence Solutions in Healthcare - GlobeNewswire [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Artificial intelligence-based fitness is promising but may not be for everyone - Livemint [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Pondering the Ethics of Artificial Intelligence in Health Care Kansas City Experts Team Up on Emerging - Flatland [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Baidu Leads the Way in Innovation with 5712 Artificial Intelligence Patent Applications - GlobeNewswire [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Artificial Intelligence and National Security, and More from CRS - Secrecy News [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Longer Looks: The Psychology Of Voting; Overexcited Neurons And Artificial Intelligence; And More - Kaiser Health News [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Emotion Artificial Intelligence Market Business Opportunities and Forecast from 2019-2025 | Eyesight Technologies, Affectiva - The Connect Report [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- The next generation of user experience is artificially intelligent - ZDNet [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- What Jobs Will Artificial Intelligence Affect? - EHS Today [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Will the next Mozart or Picasso come from artificial intelligence? No, but here's what might happen instead - Ladders [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- Artificial intelligence apps, Parkinsons and me - BBC News [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]
- VA launches National Artificial Intelligence Institute to drive research and development - FierceHealthcare [Last Updated On: December 8th, 2019] [Originally Added On: December 8th, 2019]