Source: The Hindu

Introduction

The regulation of Artificial Intelligence (AI) on a global scale is growing increasingly intricate, with countries implementing a variety of measures within their borders, from legislative acts to executive decrees. Despite calls from numerous experts for an international treaty addressing this issue, the challenges it faces are substantial.

The complexity of global AI governance is evident as countries adopt varied approaches, reflecting diverse priorities and contexts. Despite widespread acknowledgment of the need for global treaties to address AI governance, significant challenges persist. These challenges stem from differing national interests, regulatory frameworks, and technological capacities, which can complicate the negotiation and implementation of comprehensive international agreements.

Recently, the Council of Europe (COE) adopted the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law, also known as the 'AI Convention', on 17^th May 2024.

What is the Council of Europe (COE)?

• The Council of Europe (COE) is an international organization founded in 1949 and headquartered in Strasbourg, France.
• It is distinct from the European Union (EU) and consists of 47 member states, including most European countries.
• The COE's primary mission is to uphold and promote democracy, human rights, and the rule of law across its member states.

What is Europe’s AI Convention?

• This convention is a landmark step in AI governance, addressing the intersection of AI with human rights, democracy, and the rule of law.
• It is a comprehensive agreement covering various aspects of AI governance and responsible use, filling a gap left by non-binding ethical guidelines and principles.
• The convention links AI regulation to fundamental values, emphasizing the protection of human rights and democratic principles in the development and deployment of AI technologies.
• With 46 member states, the COE plays a crucial role in promoting cooperation and setting standards in Europe and beyond, making the adoption of this convention significant on a regional and potentially global scale.

What is the Framework Convention on AI?

• A framework convention is a legally binding treaty that outlines broad commitments and objectives, along with mechanisms to achieve them.
• Specific targets are typically set through subsequent agreements negotiated under the framework convention, which are referred to as protocols.
• An example of a framework convention is the Convention on Biological Diversity, with the Cartagena Protocol on Biosafety being a protocol under it, focusing on living modified organisms.
• This approach provides flexibility while embedding core principles and processes needed to realize objectives.
• Parties to the convention have the flexibility to determine how to achieve these objectives based on their capacities and priorities.
• The adoption of the AI convention by the Council of Europe can potentially spur the negotiation of similar conventions at regional levels and indirectly impact AI governance in countries like the U.S., given its membership in the COE and its significant role in AI innovation.

What is the Scope of AI Convention?

• Article 1 emphasizes that the convention aims to ensure that activities within the lifecycle of artificial intelligence systems align fully with human rights, democracy, and the rule of law.
• Article 3 expands on the scope, covering activities within the AI lifecycle that could interfere with human rights, democracy, and the rule of law.
• It mandates the application of the convention to such activities by public authorities or private actors acting on their behalf, while also requiring addressing risks and impacts from AI activities by private actors in line with the convention's objectives.

How does the AI Convention Address National Security Concerns?

• The AI Convention incorporates exemptions for national security interests, research, development, testing, and national defense in Articles 3.2, 3.3, and 3.4, effectively excluding military AI applications from its scope.
• Article 3(b) strikes a balance between flexibility and regulation by permitting parties to apply the convention to the private sector while accommodating national security requirements.
• General obligations outlined in Articles 4 and 5 mandate parties to safeguard human rights, uphold democratic principles, and maintain the rule of law, including addressing disinformation and deep fakes within their national security frameworks.
• Article 22 provides parties with the scope to go beyond specified commitments, empowering them to implement additional measures to address national security concerns associated with AI.
• These provisions collectively aim to ensure that the AI Convention effectively addresses national security considerations while upholding fundamental values and principles.

Conclusion

In conclusion, the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law represents a significant milestone in global AI governance. By addressing the intersection of AI with human rights, democracy, and the rule of law, it fills a crucial gap in existing regulatory frameworks. With its comprehensive approach and provisions for addressing national security concerns, the convention sets a precedent for responsible AI governance while promoting cooperation and setting standards on a regional and potentially global scale.