INTRODUCTION
We live in an era where we see rapid advancements made by technology on a very regular basis, which has undoubtedly left a big impression on our daily lives. To accommodate these technological advancements, we see more refined software, and parallel to that we also have the development of hardware to support such software. But in the sphere of technology, the current dominance lies with algorithms and artificial intelligence (AI), whose development could be as big as the industrial revolution of the 18th century.
Algorithms, by definition, could be defined as “a well-defined sequential computational technique that accepts a value or a collection of values as input and produces the output(s) needed to solve a problem.”[1]In simpler words: algorithms are guiding principles that take input data and provide outputs that solve problems or answer questions.
REAL-LIFE APPLICATIONS OF ALGORITHMS
Some examples of popular real-life applications of algorithms are-
- Spotify: Spotify, is a globally recognised online platform with over 200 million premium members. Its algorithm scrutinizes individual user music choices to curate personalised music libraries, introducing users to previously unheard songs that match their preferences.[2]
- Google: Google’s PageRank Feature which is a patented process, is another example of an algorithm that intakes billions of values daily, which then proceeds to rank websites based on their search engine optimization.[3]
UNDERSTANDING ARTIFICIAL INTELLIGENCE (AI)
Now that there is a basic understanding of algorithms, the definition of artificial intelligence (AI) is:
“Artificial Intelligence (AI) is a branch of computer science that aims to create intelligent machines capable of performing tasks that would typically require human intelligence.” (Russell & Norvig, 2016)[4]
AI has various applications across domains such as healthcare, finance, transportation, and more. Examples include medical diagnosis, fraud detection, autonomous vehicles, and personal assistants like Siri and Alexa. “AI techniques have been successfully applied to diverse areas such as medicine, finance, robotics, entertainment, and customer service, among others.” (Kaplan & Haenlein, 2019)[5].
We have always had science fiction movies of such intelligence gaining their own subconscious and manipulating humans for their own personal agenda, and somewhere, some people are of the mindset that actually believes that theory/fantasy idea for some reason. Nobody can deny the impact of this technology on our lives, it will be a boon to society and it will further the development of civilisation. But let’s address the elephant in the room, do we have the legal framework and capacity to govern this technology?
In India, The Ministry of Electronics and Information Technology (MeiTY) is the sole regulatory body of AI. It has the responsibility for the development and governance of AI laws and guidelines in India. There are also a few provisions under the Intellectual Property Law as well as the Information Technology Act which imply that if a crime is committed using AI, they will be held liable under the IT Act, criminal law, and other cyber law.[6]
The Niti Aayog, since 2018, has initiated discussions aimed at establishing a governing body responsible for overseeing AI governance and policy making. These discussions revolve around principles concerning safety, reliability, security, non-discrimination, and legal accountability. These discussions and proposed plans do target the main issues that actually affect our world, which includes our country as well. After the pandemic, there was a drastic increase in the number of companies using AI to build up their efficiency and reduce the workforce at the same time, with projections that around 70% of companies will adopt at least one type of AI technology by 2030.[7]
RESPONSIBILITIES OF THE GOVERNING BODIES
The Niti Aayog had set up seven responsibilities for the governing body[8], which are –
- To manage and update principles for responsible usage of AI in India.
- To conduct research on responsible AI, along with the research into ethics of AI, which is multi-disciplinary and aimed towards advancing the respective fields.
- To clarify responsible behaviour of AI, which would in turn encourage the growth of AI in India, through standardisation and guidelines that are being developed around the world for responsibly managing the emerging technologies that are introduced.
- To enable access to responsible AI tools and techniques to gain access to data and technology tools for responsible AI.
- Spreading awareness on responsible AI to reduce the trust issues of AI, along with understanding the capabilities of these AI systems.
- To coordinate with sectoral regulators to prevent inconsistency in policies and ambiguity.
- Representing India on the world stage for International Dialogue for AI.[9]
ETHICAL CONSIDERATIONS
Algorithms and AI have a massive impact on society and raise a myriad of ethical considerations. Here are some key ethical concerns associated with the deployment of these technologies.
- Bias and Fairness
- Issue: AI systems, including algorithms, can inherit and keep going biases that are present in the training data, leading to discriminatory outcomes.
- Ethical Concern: Unintentionally biased decision-making processes can result in unfair treatment of individuals or groups, aggravating the existing social inequalities. [10]
- Transparency and Explain-ability[11]
- Issue: AI systems often operate as ‘black boxes’ making it challenging to understand how they arrive at specific decisions.
- Ethical Concern: Lack of transparency can undermine accountability, making it difficult for individuals to challenge or question decisions that impact their lives.
- Data Ownership
- Ownership: Machine Learning is data-hungry. Scientists developing deep learning applications will gladly take hundreds of thousands of cases to develop and test new tool. However, ownership and the rights to use these data are complex and vary by jurisdiction.[12]
CONCLUSION
As we navigate across the ever-evolving landscape of AI and emerging technologies, the governance framework envisioned in India stands as a beacon for advancement of these technologies responsibly. The imperative lies not only in the implementation of this framework but also in maintaining flexibility to accommodate new AI introductions. This blog charts the course for the governance of emerging technologies, steering towards a future where new developments have a harmonious relationship with ethical and legal considerations.
Author(s) Name: Dhruvraj Singh (DES Shri Navalmal Firodia Law College)
References:
[1] Merriam-Webster Online Dictionary., ‘“Definition of ALGORITHM”. , Archived from the original on February 14, 2020. Retrieved November 14, 2019.
[2] Tara Johnson ‘What is the Spotify Algorithm & How It Works [2022]’
<https://tinuiti.com/blog/performance-display/spotify-algorithm/> accessed 7 November 2023
[3] Google Search Center ‘A guide to Google Search Ranking systems’ <https://developers.google.com/search/docs/appearance/ranking-systems-guide> accessed 7 November 2023
[4] Russell, S., & Norvig, P., Artificial Intelligence: A modern approach. Pearson, (2016)
[5] Kaplan, A. M., & Haenlein, M., Siri, Siri, in my hand: Who’s the fairest in the land? On the interpretations, illustrations, and implications of artificial intelligence. Business Horizons, 62(1), 15-25.
[6] INBATV ‘Laws Related to Artificial Intelligence in India’
(INBA Viewpoint, 7 June, 2023) <https://inbaviewpoint.org/laws-related-to-artificial-intelligence-in-india/#:~:text=If%20we%20talk%20about%20India,laws%20and%20guidelines%20in%20India> accessed 3 November 2023
[7] Ethan Ilzetzki & Suryaansh Jain ‘The impact of artificial intelligence on growth and employment’ <https://cepr.org/voxeu/columns/impact-artificial-intelligence-growth-and-employment accessed 7 November 2023>
[8] Niti Aayog, Working Document: Enforcement Mechanisms for Responsible #AIforAll, Slide 6
<https://niti.gov.in/sites/default/files/2020-11/Towards-Responsible-AI-Enforcement-of-Principles.pdf> accessed 7 November, 2023
[9] Niti Aayog, Working Document: Enforcement Mechanisms for Responsible #AIforAll
<https://niti.gov.in/sites/default/files/2020-11/Towards-Responsible-AI-Enforcement-of-Principles.pdf> accessed 7 November, 2023
[10] Inclusion, ’10 Steps to More Ethical Artificial Intelligence’, (inclusion: Digital Transformation, March 17, 2023) <https://inclusioncloud.com/insights/blog/ethical-artificial-intelligence/#:~:text=Ensuring%20transparency%20and%20accountability%20in%20AI%20systems,essential%20concern.%20Generative%20IA%20and%20intellectual%20property.> Accessed 17 November, 2023
[11] Niti Aayog, National Strategy for Artificial Intelligence #AIforAll, <https://niti.gov.in/sites/default/files/2019-01/NationalStrategy-for-AI-Discussion-Paper.pdf> Accessed 7 November 2023
[12] Nabile M. Safdar, John D. Banja, Carolyn C. Meltzer, ‘Ethical considerations in artificial intelligence’(2022) <https://www.sciencedirect.com/science/article/abs/pii/S0720048X19304188> accessed on 15 November,2023
