- Understanding Ethics and Regulations
The Oxford Dictionary defines ethics as principles that govern either a person’s behavior or the conduct of an activity. Legal philosophers study ethics as concepts of good and bad, right and wrong. Natural law theorists like Aristotle and Aquinas argue that a law contradicting moral principles falls short of a definition for true law. They argue that law is inherently connected to morality. Their theories discuss the obligation of upholding a moral duty
However, Legal positivists like H.L.A. Hart and Bentham put their emphasis on separating law from morality. To positivists, a law is valid if proper authorities enact the law regardless of the moral compass. Far from positivists but closer to natural law thinkers is Ronald Dworkin. Ronald Dworkin is of the opinion that law is principles rooted in morality. He resonates to the idea that judges interpret laws through a lens of moral reasoning and principles like fairness, justice, equity and equality.
Nonetheless, the balance tilts towards Austin’s imperative theory of law. John Austin, from the imperative school of thought was of the idea that law is not only a command from the sovereign but is also backed by sanctions. Placing a nexus between ethics and Artificial Intelligence requires establishing regulations as the focal point. From the onset, it is undoubted that ethics merely provide a moral compass. However, ethics can only achieve enforceability after they are enacted into regulations. Regulations are rules made and maintained by an authority for purposes of controlling conduct within the scope of their application.
This article casts an interplay of all the theories for a better understanding on how ethics have shaped regulation of Artificial Intelligence. The European Union Artificial Intelligence Act 2024/1689 regulation process began with the formation of a High-Level Expert Group on Artificial Intelligence (AI HLEG) to provide advice on the European union Artificial Intelligence strategy. AI HLEG came up with ethics guidelines for trustworthy AI.
The guidelines consisted of seven ethical principles as a threshold for trustworthy AI. The seven principles i.e. human agency and oversight; technical robustness and safety; privacy and data governance; transparency; diversity; non-discrimination and fairness; societal and environmental wellbeing and accountability. Despite their ethical soundness, the principles were non-binding on AI actors. This status quo called for regulation and enforcement through legislation.
Consequently, the European Union enacted the European Union Artificial Intelligence Act 2024/1689. The Act was moulded upon the seven ethical principles of the AI HLEG mandate. Enacting the ethical principles ensures that AI actors from producers, through deployers, to users abide by the standards set for a human-centric and safe AI systems within the European Union.
- Reasons for Regulating Artificial Intelligence
Regulating Artificial Intelligence ensures that first, AI systems meet the safety standards before they are introduced into the market. It ensures that AI systems not only serve the needs of people but also respects human dignity. Second, regulating AI systems ensures they are developed for technical robustness and resilience to unlawful third parties seeking to alter its performance.
Third, data privacy and protection are achieved with robust regulatory frameworks. Fourth, regulation guarantees transparency for users of AI. Deployers must abide by regulations needing them to make users aware of their communication with AI as well as providing traceability and explainability of their AI systems. Fifth, Regulating AI systems protects users from discrimination and effects of AI bias. Finally, regulation considers the impacts that AI systems can have on the societal and environmental structures and thus aims to protect them from harmful effects of AI systems.
Regulation plays a vital role in promoting public confidence and protecting public interests. Regulations balance the interests of the owners and distributors against the needs of the consumers. It promotes transparency in the creation and use of Artificial Intelligence in terms of its risks and benefits. This ensures consumers make informed decisions before purchasing or using Artificial intelligence. Consumers of Artificial Intelligence are likely to have more confidence if their rights are protected and they can access legal remedies for redress. Regulation is the tool for accessing justice where consumer rights are violated.
Furthermore, regulation ensures fair competition in the Artificial Intelligence market. Fair competition protects the sanctity of artificial intelligence from malicious malpractices. These malpractices are directly linked to harm occasioned on unsuspecting consumers. In turn, fair competition guarantees quality Artificial Intelligence for the consumers.
In addition, a robust regulatory framework ensures continuous development of Artificial Intelligence. It provides room for scientific and technological growth of Artificial Intelligence as a discipline. Regulation enhances and provides guidelines for safe and sustainable research on artificial intelligence. Regulation mitigates the risks that Artificial Intelligence poses through a system of checks and balances on the production and use of the technology.
Lawyer Online 
Leave a comment