Don’t regulate AI with one-size-fits-all approach: Experts suggest flexible rules beyond Digital India Act

As artificial intelligence shapes the future of the world, the question of the legal framework keeps coming up. Recently, Union Electronics and IT Minister Rajeev Chandrasekhar mentioned the Digital India Act while talking about regulations for new technologies.

In a recent live Twitter session, Chandrasekhar was asked if there is a legal framework for artificial intelligence. In response, he stated that the Digital India Act has an entire section on what are the no-go areas for any technology before it spreads openly.

One of the key points was securing innovation to enable new technologies such as artificial intelligence and others.

The government has also proposed “Online Safety and Trust” to define and regulate high-risk AI systems through a legal, institutional quality testing framework to examine regulatory models, algorithmic accountability, zero-day threat and vulnerability assessment, AI-based ad targeting, content monitoring, etc.

Similarly, the “Responsible Internet” section says: “Defending citizens’ constitutional rights, particularly Articles 14, 19 and 21; Ethical use of AI-based tools to protect users’ rights or choices; Deterrent, effective, proportionate and dissuasive sanctions, etc.

Regulation of AI

Nakul Batra, Partner, DSK Legal, told Return Byte that the Digital India Act is similar to that of the European Union (EU). “Such oversight measures must be welcomed to initiate a well-considered and calibrated approach to regulating the development and use of AI,” Batra said.

Kritika Seth, founding partner of Victoriam Legalis-Advocates & Solicitors, said that while the law could help address some of the legal and ethical challenges associated with the development and deployment of AI systems in India, the legal framework alone may not be enough to resolve them all. the complexity of artificial intelligence.

“One of the key challenges of regulating artificial intelligence is that it is a rapidly developing technology, with new applications and use cases emerging all the time. Therefore, any legal framework for AI needs to be flexible and future-proof to adapt to these changes,” noted Seth.

DigiLantern co-founder Tanay Tulsaney also highlighted similar concerns, saying the framework would be a step in the right direction but not enough to guarantee the ethical use of AI across industries.

Expert suggestions

Tulsaney advised companies to consider a multidisciplinary approach to managing AI, which requires collaboration between legal and ethical experts, data scientists and stakeholders to define AI management frameworks that meet organizational goals and comply with regulations.

“Policymakers should focus on creating a legal framework that emphasizes transparency and accountability and includes measures to promote data protection and privacy, ethical considerations and the responsible deployment of AI technology,” he added.

CLIRNET founder Saurav Kasera told Return Byte that the regulatory framework should strengthen existing data protection, intellectual property and liability laws, wrapping them in ethical guidelines.

“The inherent structure of this law must be agile so that it develops with new knowledge and inventions. Ethical guidelines should prevent bias and discrimination, promote transparency and accountability, and provide a cushion against unintended consequences such as job displacement, faulty data-based decisions,” he noted.

At the same time, Seth noted that the legal framework for transparency may require AI developers to clearly explain how their algorithms make decisions and establish an independent body to monitor and evaluate the use of AI in critical sectors.

“India’s legal framework may require that AI systems be designed with privacy in mind and that privacy standards are followed throughout the development and deployment of AI systems. It should also consider the ethical implications of AI,” the legal expert added.

According to Batra, the regulation of AI cannot be approached with a one-size-fits-all solution, as AI is a versatile technology meant to replace human efforts and intervention in various functions that include critical sectors such as defense, medicine, power and others, and its use involves various risks.

“The legal framework for AI needs to be principled to accommodate any form of AI technology. The government has already taken a step towards this by releasing NITI Aayog’s #ResponsibleAI strategy papers,” he noted.

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