Feature Article
A Critical View of Laws and Regulations of Artificial Intelligence in India and China
Avinash Dadhich
Published 2018-11-30
How to Cite
Dadhich, A. . (2018). A Critical View of Laws and Regulations of Artificial Intelligence in India and China. Kathmandu School of Law Review, 6(2), 1–10. Retrieved from https://kslreview.org/index.php/kslr/article/view/202
Abstract
This research paper deals with the general understanding of AI technology and its laws and regulations in India and China. It examines this issue from developing countries perspective and focusing on India and China, as they represent around 40 % of the global population and are in the top 3 economies in the 21st century. Their experiences and approach may be useful for other developing and least developing counties due to similarities in socio-economic conditions e.g. food, poverty, employment and education etc. It is relevant to mention that India and China share many common grounds (high population and GDP growth etc.), but there are few important factors like democracy, demographic situation, the difference in economic power etc., make it an interesting case for other developing counties to choose their path. AI is considered the most revolutionary technology after electricity and designing a robust legal and regulatory mechanism is a challenging task at national and international level. This paper argues that such regulations should be guided by technological and socio-economic requirements of a country. Developing and developed world have different opportunities and challenges from AI, however, a general AI may create challenges before the existence of human civilization and raises many moral, ethical and legal questions; therefore, it is suggested to develop a well thought and holistic regulatory mechanism (laws and institutions) at national and international level.
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References
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10. Apple’s Siri, Microsoft’s Cortana, Google’s Assistant, and Amazon’s Alexa are good examples of personal assistants. See, www.apple.com/siri/; https://www.microsoft.com/en-in/windows/cortana; https://assistant.google.com/#?modal_active=none; https://developer.amazon.com/alexa accessed 1 October 2018.
11. Netflix uses algorithms which suggest its content to consumer based on their previous viewing history and behavior. Danny Vena, ‘ Netflix Is Using AI to Conquer the World... and Bandwidth Issues’, The Motley Fool, 21 March 2017 available at https://www.fool.com/investing/2017/03/21/netflix-is-using-ai-to-conquer-the-worldand-bandwi.aspx accessed on 1 October 2018.
12. Wealth front, an AI-supported online platform provides automated suggestions to its consumers to maximize asset allocation & wealth management. Ryan W. Neal, ‘ Wealth front Turns to Artificial Intelligence to Improve Robo Advice’, Wealthmanagement.com, 31 March 2016 available at https://www.wealthmanagement.com/technology/wealthfront-turns-artificial-intelligence-improve-robo-advice accessed on 1 October 2018.
13. Baidu’s autonomous car functions in a controlled environment; Andrew K Hawkins, ‘ Baidu gets the green light to test self-driving cars in China’, The Verge, 23 March 2018 available at https://www.theverge.com/2018/3/23/17156098/baidu-self-driving-car-test-permit-china accessed on 29 July 2019.
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17. China Copyright and Media, ‘A next generation Artificial Intelligence Development Plan’, 20 July 2017 available at https://chinacopyrightandmedia.wordpress.com/2017/07/20/a-next-generation-artificial-intelligence-development-plan/accessed on 19 July 2019.
18. Jeffrey Ding, ‘Deciphering China’s AI Dream: The context, components, capabilities, and consequences of China’s strategy to lead the world in AI’, University of Oxford, March 2018 available at https://www.fhi.ox.ac.uk/wp-content/uploads/Deciphering_Chinas_AI-Dream.pdf accessed on 1 October 2018.
19. ‘PwC’s Global Artificial Intelligence Study: Exploiting the AI Revolution’, PwC, September 2018 available at https://www.pwc.com/gx/en/issues/analytics/assets/pwc-ai-analysis-sizing-the-prize-report.pdf accessed on 1 October 2018.
20. Offensive cyber capabilities, anti-satellite weapons, electronic warfare tools, hypersonic weapons, artificial intelligence, and quantum technologies etc.
21. Subcommittee on Emerging Threats and Capabilities Chinese Advances in Emerging Technologies and their Implications for U.S. National Security, 9 January 2018 available at https://csis-prod.s3.amazonaws.com/s3fs-public/congressional_testimony/ts180109_Carter_Testimony.pdf?zmxasiIZi6jHZPgAAsMYcSiSMwdw6LgJ accessed on 1 October 2018.
22. Discussion Paper National Strategy for Artificial Intelligence, Niti Aayog, June 2018 http://niti.gov.in/writereaddata/files/document_publication/NationalStrategy-for-AI-Discussion-Paper.pdf accessed on 1 October 2018.
23. Rewrite for Growth, ‘AI may boost India’s annual growth rate by 1.3 percentage points by 2035.Rewire for Growth: Accelerating India’s Economic Growth with Artificial Intelligence’, Accenture, 20 December 2017 available at https://www.accenture.com/t20171220T030619Z__w__/in-en/_acnmedia/PDF-68/Accenture-ReWire-For-Growth-POV-19-12-Final.pdf%20-%20zoom=50 accessed on 1 October 2018.
24. H. G. Wells, Mind at the End of Its Tether, quoted in E. Ehrlich and M. de Bruhl, The International Thesaurus of Quotations, 2nd ed., Collins, New York, 1996, p.493.
25. Yuval Noah Harari, 21 Lessons for the 21st century, Random House, UK, 2018.
26. Ryan Calo, ‘Robotics and the Lessons of Cyberlaw’, California Law Review, 2015, pp. 517-525.
27. ‘The future of regulation: Principles for regulating emerging technologies’, Deloitte Insights, June 2018 available at https://www2.deloitte.com/insights/us/en/industry/public-sector/future-of-regulation/regulating-emerging-technology.html accessed on 1 October 2018.
28. Gary E. Marchant, Douglas J. Sylvester, & Kenneth W. Abbott, ‘What Does the History of Technology Regulation Teach Us about Nano Oversight?’, Journal of Law, medicine and Ethics, 2009.
29. Cristina Klingenberg, ‘Industry 4.0: what makes it a revolution?’ Research paper presented at EurOMA 2017, Heriot-Watt University, Scotland, July 2017available athttps://www.researchgate.net/publication/319127784_Industry_40_what_makes_it_a_revolution accessed on 1 October 2018.
30. Nicolas Petit, “Law and Regulation of Artificial Intelligence and Robots: Conceptual Framework and Normative Implications.”, Semantic Scholar, 2017 available at https://www.semanticscholar.org/paper/Law-and-Regulation-of-Artificial-Intelligence-and-%3A-Petit/3f70353ce297322a8029b95d8c734a7a6a95f749 accessed 1 October 2018.
31. Frank H. Easterbrook, Cyberspace and the Law of the Horse, University of Chicago Legal Forum, 1996.
32. Kate Crawford, ‘Artificial Intelligence’s White Guy Problem’, The New York Times, 25 June 2016 available at https://www.nytimes.com/2016/06/26/opinion/sunday/artificial-intelligences-white-guy-problem.html accessed on 1 October 2018.
33. Weng, Yueh-Hsuan et al. ‘Toward the Human-Robot Co-Existence Society: On Safety Intelligence for Next Generation Robots’, I. J. Social Robotics, 2009, pp. 267-282.
34. United Nations Office for Disarmament Affairs, ‘Pathways to Banning Fully Autonomous Weapons’, October 2017 available at https://www.un.org/disarmament/update/pathways-to-banning-fully-autonomous-weapons/ accessed on 1 October 2018; ‘sex robot brothel’ blocked by Houston government: We are not Sin City’ 4 October 2018 available at https://www.cnbc.com/2018/10/04/houston-blocks-sex-robot-brothel-from-opening.html accessed on 6 October 2018.
35. Matthew U. Scherer, ‘Regulating artificial intelligence systems: risks, challenges, competencies, and strategies’, Vol. 29, Harvard Journal of Law & Technology, 2016.
36. The Beginning of the End for Globalization’, Handelsblatt Global, 6 January 2017, available at https://global.handelsblatt.com/politics/the-beginning-of-the-end-for-globalization-673243 accessed on 1 October 2018.
37. UN, ‘Artificial Intelligence in Asia and the Pacific’, The Economic and Social Commission for Asia and the Pacific (ESCAP), 2018 available at https://www.unescap.org/sites/default/files/ESCAP_Artificial_Intelligence.pdf accessed on 1 October 2018.
38. It can stop or slow down the technological process in the trial phase, e.g., Restriction on commercial use of drones or transparency requirement for bitcoin payments at block chain platforms.
39. An over-regulation framework produces efficiency in response to risks, incidents and accidents. Also known as “risk regulation reflex”, e.g., the prohibition of fully AI –operated planes.
40. Some private interests groups have incentives and abilities to control/guide the regulatory policies towards their benefits. Car manufactures/dealers and insurance sector demand strict liability and enforcement against Tesla’s driverless AI-supported car.
41. Functioning of an expert Regulator or Governments’ department, e.g., The European Data Protection Board is consistent application of data protection rules throughout the European Union, and promotes cooperation between the EU’s data protection authorities. European Data Protection Board, ‘About EDPB’ available at https://edpb.europa.eu/about-edpb/about-edpb_en accessed on 5 October 2018.
42. State council notice on the New Generation Artificial Intelligence Development plan 2017; Jeffrey Ding (n 18).
43. D. Collingridge, The Social Control of Technology, London: Francis Printer Ltd., 1980. It is argued that the suitability or challenges/opportunities of a destructive technology cannot be fully understood until it further develops. Therefore, the regulation process should keep a connection, acquire more knowledge and wait for real application/implications of such technology. However, in this process, the technology advances further and too late to intervene.
44. Amber Sinha, Elonnai Hickok & Arindrajit Basu, ‘AI in India: A Policy Agenda’, The Centre for Internet & Society, 5 September 2018 available at https://cis-india.org/internet-governance/blog/ai-in-india-a-policy-agenda accessed on 5 October 2018.
45. Government of India, ‘Taskforce on Artificial Intelligence’, Ministry of Commerce and Industry available at https://www.aitf.org.in/ accessed on 5 October 2018.
46. The Director-General of Civil Aviation released its regulation policy for commercial use of AI-supported drones in Aug 2018. Ministry of Civil Aviation, ‘Government announces Regulations for Drones’, PIB Delhi, 27 August 2018 available at https://pib.nic.in/PressReleaseIframePage.aspx?PRID=1544087 accessed on 5 October 2018. The Indian Antitrust Regulator decides to assess AI algorithms used by domestic airlines for ticket pricing; PTI, ‘CCI lens on algorithms used for air ticket prices’, 11 May 2018 available athttp://timesofindia.indiatimes.com/articleshow/64122441.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst accessed on 5 October 2018.
47. World Bank Report (2016), World Development Report: Digital dividends, World Bank Group, 2016 available at http://documents.worldbank.org/curated/en/896971468194972881/pdf/102725-PUB-Replacement-PUBLIC.pdf accessed on 5 October 2018.
2. John McCarthy, Father of AI, a cognitive scientist coined the term AI in the 1956 Dartmouth Conference, the first artificial intelligence conference.
3. Brian McGuire et al, ‘The History of Artificial Intelligence’, Course Web Service for the University of Washington - Computer Science & Engineering - History of Computing Projects, 17-21 December 2006 available at https://courses.cs.washington.edu/courses/csep590/06au/projects/history-ai.pdf accessed on 1 October 2018.
4. The worldwide public cloud services market is projected to grow 21.4% in 2018 to total USD186.4 billion, up from USD153.5 billion in 2017. The cost for storing data has come down from USD500, 000 a gigabyte in 1980 to 2 cents a gigabyte in 2017. By 2025, the global data sphere will grow to 163 zettabytes (trillion gigabytes) or ten times the 16.1ZB of data generated in 2016. David Reinsel et al, ‘The Evolution of Data to Life-Critical whitepaper by International Data Corporation, 2017’, Data Age 202, November 2018 available at https://www.seagate.com/files/www-content/our-story/trends/files/Seagate-WP-DataAge2025-March-2017.pdf accessed 1 October 2018.
5. AI can be great supporting technology to solve challenges in education, health, environment, economic growth, Social/elder care etc; ‘Artificial intelligence: the next digital frontier?’, The Mckinsey Global Institute (MGI) (June 2017) available at www.mckinsey.com/mgi/overview/2017-in-review/whats-next-in-digital-and-ai/artificial-intelligence-the-next-digital-frontier accessed 1 October 2018.
6. Elon Musk, ‘With artificial intelligence, we are summoning the demon’, MIT Aeronautics and Astronautics Department’s 2014 Centennial Symposium, 24 October 2014 available at https://techcrunch.com/2014/10/26/elon-musk-compares-building-artificial-intelligence-to-summoning-the-demon/accessed on 1 October 2018; Stephen Hawking, ‘AI could be ‘worst event in the history of our civilization’, Web Summit technology conference, Lisbon, Portugal, 17 November 2017 available at https://www.cnbc.com/2017/11/06/stephen-hawking-ai-could-be-worst-event-in-civilization.html accessed on 1 October 2018.
7. ‘Sapiens: A Brief History of Humankind, 2015 &The Future of Humanity - with Yuval Noah Harari’, Youtube available at https://www.youtube.com/watch?v=XOmQqBX6Dn4 accessed on 29 July 2019.
8. Marcus Hutter & Shane Legg, ‘Universal Intelligence: A Definition of Machine Intelligence’, Minds and Machines, 2007, pp. 405-423; Pei Wang, ‘What Do You Mean by “AI”?’, Frontiers in Artificial Intelligence and Applications, 2008, pp. 371-372.
9. ‘The age of analytics: Competing in a data-driven world’, December 2016, McKinsey Global Institute available at https://www.mckinsey.com/business-functions/mckinsey-analytics/our-insights/the-age-of-analytics-competing-in-a-data-driven-world accessed on 1 October 2018.
10. Apple’s Siri, Microsoft’s Cortana, Google’s Assistant, and Amazon’s Alexa are good examples of personal assistants. See, www.apple.com/siri/; https://www.microsoft.com/en-in/windows/cortana; https://assistant.google.com/#?modal_active=none; https://developer.amazon.com/alexa accessed 1 October 2018.
11. Netflix uses algorithms which suggest its content to consumer based on their previous viewing history and behavior. Danny Vena, ‘ Netflix Is Using AI to Conquer the World... and Bandwidth Issues’, The Motley Fool, 21 March 2017 available at https://www.fool.com/investing/2017/03/21/netflix-is-using-ai-to-conquer-the-worldand-bandwi.aspx accessed on 1 October 2018.
12. Wealth front, an AI-supported online platform provides automated suggestions to its consumers to maximize asset allocation & wealth management. Ryan W. Neal, ‘ Wealth front Turns to Artificial Intelligence to Improve Robo Advice’, Wealthmanagement.com, 31 March 2016 available at https://www.wealthmanagement.com/technology/wealthfront-turns-artificial-intelligence-improve-robo-advice accessed on 1 October 2018.
13. Baidu’s autonomous car functions in a controlled environment; Andrew K Hawkins, ‘ Baidu gets the green light to test self-driving cars in China’, The Verge, 23 March 2018 available at https://www.theverge.com/2018/3/23/17156098/baidu-self-driving-car-test-permit-china accessed on 29 July 2019.
14. Ben Dickson, ‘What is Narrow, General and Super Artificial Intelligence’, Demystifying AI, 12 May 2017, available at https://bdtechtalks.com/2017/05/12/what-is-narrow-general-and-super-artificial-intelligence/ accessed on 1 October 2018.
15. Tim Dutton, ‘An Overview of National AI Strategies’, June 2018 available at https://medium.com/politics-ai/an-overview-of-national-ai-strategies-2a70ec6edfdJune accessed on 1 October 2018.
16. Dom Galeon, ‘An Inside Look at the First Nation With a State Minister for Artificial Intelligence’, Futurism, 11 December 2017, https://futurism.com/uae-minister-artificial-intelligence, accessed 1 October 2018.
17. China Copyright and Media, ‘A next generation Artificial Intelligence Development Plan’, 20 July 2017 available at https://chinacopyrightandmedia.wordpress.com/2017/07/20/a-next-generation-artificial-intelligence-development-plan/accessed on 19 July 2019.
18. Jeffrey Ding, ‘Deciphering China’s AI Dream: The context, components, capabilities, and consequences of China’s strategy to lead the world in AI’, University of Oxford, March 2018 available at https://www.fhi.ox.ac.uk/wp-content/uploads/Deciphering_Chinas_AI-Dream.pdf accessed on 1 October 2018.
19. ‘PwC’s Global Artificial Intelligence Study: Exploiting the AI Revolution’, PwC, September 2018 available at https://www.pwc.com/gx/en/issues/analytics/assets/pwc-ai-analysis-sizing-the-prize-report.pdf accessed on 1 October 2018.
20. Offensive cyber capabilities, anti-satellite weapons, electronic warfare tools, hypersonic weapons, artificial intelligence, and quantum technologies etc.
21. Subcommittee on Emerging Threats and Capabilities Chinese Advances in Emerging Technologies and their Implications for U.S. National Security, 9 January 2018 available at https://csis-prod.s3.amazonaws.com/s3fs-public/congressional_testimony/ts180109_Carter_Testimony.pdf?zmxasiIZi6jHZPgAAsMYcSiSMwdw6LgJ accessed on 1 October 2018.
22. Discussion Paper National Strategy for Artificial Intelligence, Niti Aayog, June 2018 http://niti.gov.in/writereaddata/files/document_publication/NationalStrategy-for-AI-Discussion-Paper.pdf accessed on 1 October 2018.
23. Rewrite for Growth, ‘AI may boost India’s annual growth rate by 1.3 percentage points by 2035.Rewire for Growth: Accelerating India’s Economic Growth with Artificial Intelligence’, Accenture, 20 December 2017 available at https://www.accenture.com/t20171220T030619Z__w__/in-en/_acnmedia/PDF-68/Accenture-ReWire-For-Growth-POV-19-12-Final.pdf%20-%20zoom=50 accessed on 1 October 2018.
24. H. G. Wells, Mind at the End of Its Tether, quoted in E. Ehrlich and M. de Bruhl, The International Thesaurus of Quotations, 2nd ed., Collins, New York, 1996, p.493.
25. Yuval Noah Harari, 21 Lessons for the 21st century, Random House, UK, 2018.
26. Ryan Calo, ‘Robotics and the Lessons of Cyberlaw’, California Law Review, 2015, pp. 517-525.
27. ‘The future of regulation: Principles for regulating emerging technologies’, Deloitte Insights, June 2018 available at https://www2.deloitte.com/insights/us/en/industry/public-sector/future-of-regulation/regulating-emerging-technology.html accessed on 1 October 2018.
28. Gary E. Marchant, Douglas J. Sylvester, & Kenneth W. Abbott, ‘What Does the History of Technology Regulation Teach Us about Nano Oversight?’, Journal of Law, medicine and Ethics, 2009.
29. Cristina Klingenberg, ‘Industry 4.0: what makes it a revolution?’ Research paper presented at EurOMA 2017, Heriot-Watt University, Scotland, July 2017available athttps://www.researchgate.net/publication/319127784_Industry_40_what_makes_it_a_revolution accessed on 1 October 2018.
30. Nicolas Petit, “Law and Regulation of Artificial Intelligence and Robots: Conceptual Framework and Normative Implications.”, Semantic Scholar, 2017 available at https://www.semanticscholar.org/paper/Law-and-Regulation-of-Artificial-Intelligence-and-%3A-Petit/3f70353ce297322a8029b95d8c734a7a6a95f749 accessed 1 October 2018.
31. Frank H. Easterbrook, Cyberspace and the Law of the Horse, University of Chicago Legal Forum, 1996.
32. Kate Crawford, ‘Artificial Intelligence’s White Guy Problem’, The New York Times, 25 June 2016 available at https://www.nytimes.com/2016/06/26/opinion/sunday/artificial-intelligences-white-guy-problem.html accessed on 1 October 2018.
33. Weng, Yueh-Hsuan et al. ‘Toward the Human-Robot Co-Existence Society: On Safety Intelligence for Next Generation Robots’, I. J. Social Robotics, 2009, pp. 267-282.
34. United Nations Office for Disarmament Affairs, ‘Pathways to Banning Fully Autonomous Weapons’, October 2017 available at https://www.un.org/disarmament/update/pathways-to-banning-fully-autonomous-weapons/ accessed on 1 October 2018; ‘sex robot brothel’ blocked by Houston government: We are not Sin City’ 4 October 2018 available at https://www.cnbc.com/2018/10/04/houston-blocks-sex-robot-brothel-from-opening.html accessed on 6 October 2018.
35. Matthew U. Scherer, ‘Regulating artificial intelligence systems: risks, challenges, competencies, and strategies’, Vol. 29, Harvard Journal of Law & Technology, 2016.
36. The Beginning of the End for Globalization’, Handelsblatt Global, 6 January 2017, available at https://global.handelsblatt.com/politics/the-beginning-of-the-end-for-globalization-673243 accessed on 1 October 2018.
37. UN, ‘Artificial Intelligence in Asia and the Pacific’, The Economic and Social Commission for Asia and the Pacific (ESCAP), 2018 available at https://www.unescap.org/sites/default/files/ESCAP_Artificial_Intelligence.pdf accessed on 1 October 2018.
38. It can stop or slow down the technological process in the trial phase, e.g., Restriction on commercial use of drones or transparency requirement for bitcoin payments at block chain platforms.
39. An over-regulation framework produces efficiency in response to risks, incidents and accidents. Also known as “risk regulation reflex”, e.g., the prohibition of fully AI –operated planes.
40. Some private interests groups have incentives and abilities to control/guide the regulatory policies towards their benefits. Car manufactures/dealers and insurance sector demand strict liability and enforcement against Tesla’s driverless AI-supported car.
41. Functioning of an expert Regulator or Governments’ department, e.g., The European Data Protection Board is consistent application of data protection rules throughout the European Union, and promotes cooperation between the EU’s data protection authorities. European Data Protection Board, ‘About EDPB’ available at https://edpb.europa.eu/about-edpb/about-edpb_en accessed on 5 October 2018.
42. State council notice on the New Generation Artificial Intelligence Development plan 2017; Jeffrey Ding (n 18).
43. D. Collingridge, The Social Control of Technology, London: Francis Printer Ltd., 1980. It is argued that the suitability or challenges/opportunities of a destructive technology cannot be fully understood until it further develops. Therefore, the regulation process should keep a connection, acquire more knowledge and wait for real application/implications of such technology. However, in this process, the technology advances further and too late to intervene.
44. Amber Sinha, Elonnai Hickok & Arindrajit Basu, ‘AI in India: A Policy Agenda’, The Centre for Internet & Society, 5 September 2018 available at https://cis-india.org/internet-governance/blog/ai-in-india-a-policy-agenda accessed on 5 October 2018.
45. Government of India, ‘Taskforce on Artificial Intelligence’, Ministry of Commerce and Industry available at https://www.aitf.org.in/ accessed on 5 October 2018.
46. The Director-General of Civil Aviation released its regulation policy for commercial use of AI-supported drones in Aug 2018. Ministry of Civil Aviation, ‘Government announces Regulations for Drones’, PIB Delhi, 27 August 2018 available at https://pib.nic.in/PressReleaseIframePage.aspx?PRID=1544087 accessed on 5 October 2018. The Indian Antitrust Regulator decides to assess AI algorithms used by domestic airlines for ticket pricing; PTI, ‘CCI lens on algorithms used for air ticket prices’, 11 May 2018 available athttp://timesofindia.indiatimes.com/articleshow/64122441.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst accessed on 5 October 2018.
47. World Bank Report (2016), World Development Report: Digital dividends, World Bank Group, 2016 available at http://documents.worldbank.org/curated/en/896971468194972881/pdf/102725-PUB-Replacement-PUBLIC.pdf accessed on 5 October 2018.