Introduction
Technological revolution is in its boom and its pervasiveness is inevitable with each and every nook and cranny being consumed by Artificial Intelligence(AI). In the current modern welfare society, democracy when dominated by AI, based on combined efficiency of Big Data will do wonders reaching all the spheres ranging from education, health, trade and commerce, and science. It will also flow into law, defense and politics, eventually. While this development is to be welcomed with both hands, it is also imperative to ensure that the technology does not violate any constitutional principle. This essay will take you through how important it is to bind AI to such principles so as to heighten democratic values.
Interface with the public and the necessity of regulations
AI can be seen as an addition to the internet market, and that it has the potential to usurp the dominance of the same internet economy it is thriving in. As promising as the technology looks and its overflowing capabilities. It would be ignorant to absolve the corporations that possess humongous control over the information gathered and processed by AI. These multimillion-dollar corporations have the responsibility to utilize the information. They collect with reasonableness and diligence, failing which; it could lead to a failure in the upkeep of basic human rights. Hence, a critical introspection of how the corporations interfacing AI with Human rights, democracy, and rule of law work together.
In the time of questionable accountability on such a technological improvement, it is necessary to discuss its regulation. Before that, why such a regulation? According to Paul Nemitz[1], the first factor is the “deep pockets” of the corporation. The AI deploying giants can not only afford to expand their business. But also invest in startups that provide them with booming ideas. Next, more than the monetary affluence, the power the corporations have over-controlling infrastructure enabling elections of political parties is high. It is indisputable that any candidate nowadays is running the elections with not just his own services. As social media and mass media journalism heavily influences their vote bank.
Third and most importantly, most AI systems are working out algorithms based on the network usage. Mostly of a ‘netizen’ and collecting information on their online behaviour. While most initial AI development may be basic and accessed by all. The minute details and the expansive plans are with the corporations who seek to develop it multifold. In order to ensure their function is ongoing in the future. Corroborative measures by the companies with respect to data collection and distribution will strengthen and diversify their areas of action. All these factors obviously brings in a compelling need for the AI to be regulated. It is actually facilitate growth and progress in a democratic society.
Tiff Between Law and Artificial Intelligence
Artificial Intelligence being a gray area under technology in itself poses an ethical conflict to the lawmakers. While, the ethics of AI however strongly stemmed from the creators, it will prove to be baseless without a law in place. The potential vested with AI certainly reckons a certain strong-bodied framework, in the absence of which it could cause wreckage. Belief on solely ethics and self-regulation mandates to uphold the constitutional principles cannot be justified. Hence, legislation must come into place.
A model legislation in this regard for India could be the European Union General Data Protection Regulation that proposes the establishment of an authority that ensures data protection. This also comes with rigid principles that govern the usage of personal data. Based on this, the Indian parliament has drafted the Personal Data Privacy Bill, 2018. It is tabled because it requires complete overhauling of the company’s policies and functions.[2]
The lack of laws governing AI is minimal (or rather zilch). Thus bringing forward the popular argument that ‘Law cannot grow with technology’. While a part of this is true, the relevance of this argument is to be studied. There are quite a number of apps that could study the human body physically. In order to serve a particular purpose. Be it the height reader that comes inbuilt in iOS 12. Even the body analysis tools used by clothing stores to pick clothes. All these studies a point per movement of the human body so much such that it forms body patterns unique to every human being perusing it. Here, there is an obvious level of the consent of the party involved that can be applied in order to consider it a violation or not.
The line of where it can be considered personal data is what is important here and the law can do that. Law not being futuristic to govern AI is a flawed argument as the degree of violation caused can be studied. Mandating a law to be extremely quick and precise to an unbelievable extent in order to call it a ‘good law’ is absurd and even, anti-democratic. As, if the law is made at a fast pace like the technology growth, the law would be deemed a quick law lacking the deep deliberations. In my opinion the claims of the corporations to solely let corporative ethics decide AI liberties look like an erosion of constitutional democracy as vigilance makes functioning hard.
Conclusion
All of us are in awe of how Artificial Intelligence works and eases our otherwise difficult life but if it oversteps on our privacy and poses security threats, it raises an alarm. Quoting the Justice Chandrachud in the Puttaswamy Judgment[3], ‘Life and personal liberty are inalienable rights. These are rights which are inseparable from a dignified human existence. The dignity of the individual, equality between human beings, and the quest for liberty are the foundational pillars of the Indian constitution.
Life and personal liberty are not creations of the constitution. These rights are recognized by the constitution as inheriting in each individual as an intrinsic and inseparable part of the human element which dwells within.’ No person or person-like entity has the right to violate the human right to life, personal liberty, and dignity. And as AI has attained a person-like stature, laws to regulate the same is the need of the hour as it cannot forever stay gray. Black or white, there is always a human right.
References:
[1] Nemitz, P. . Constitutional Democracy and Technology in the Age of Artificial Intelligence., THE ROYAL SOCIETY PUBLISHING ( September 11 2018), <https://royalsocietypublishing.org/doi/10.1098/rsta.2018.0089#FN18> (Last Visited on 14th May 2020)
[2] Priti Suri AI, MACHINE LEARNING AND BIG DATA 2019, (1st ed. 2019).
[3] KS.Puttaswamy v Union Of India, (2017) 10 SCC 966 (India).
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