· 2.2 Flexible Regulatory Approach

We encourage governments to evaluate existing policy tools and use caution before adopting new laws, regulations, or taxes that may inadvertently or unnecessarily impede the responsible development and use of AI. As applications of AI technologies vary widely, overregulating can inadvertently reduce the number of technologies created and offered in the marketplace, particularly by startups and smaller businesses. We encourage policymakers to recognize the importance of sector specific approaches as needed; one regulatory approach will not fit all AI applications. We stand ready to work with policymakers and regulators to address legitimate concerns where they occur.
Principle: AI Policy Principles, Oct 24, 2017

Published by Information Technology Industry Council (ITI)

Related Principles

· 2.3 Shaping an enabling policy environment for AI

a) Governments should promote a policy environment that supports an agile transition from the research and development stage to the deployment and operation stage for trustworthy AI systems. To this effect, they should consider using experimentation to provide a controlled environment in which AI systems can be tested, and scaled up, as appropriate. b) Governments should review and adapt, as appropriate, their policy and regulatory frameworks and assessment mechanisms as they apply to AI systems to encourage innovation and competition for trustworthy AI.

Published by G20 Ministerial Meeting on Trade and Digital Economy in G20 AI Principles, Jun 09, 2019

• Require Accountability for Ethical Design and Implementation

The social implications of computing have grown and will continue to expand as more people have access to implementations of AI. Public policy should work to identify and mitigate discrimination caused by the use of AI and encourage designing in protections against these harms. [Recommendations] • Standing for “Accountable Artificial Intelligence”: Governments, industry and academia should apply the Information Accountability Foundation’s principles to AI. Organizations implementing AI solutions should be able to demonstrate to regulators that they have the right processes, policies and resources in place to meet those principles. • Transparent decisions: Governments should determine which AI implementations require algorithm explainability to mitigate discrimination and harm to individuals.

Published by Intel in AI public policy principles, Oct 18, 2017

· 2.3 Shaping an enabling policy environment for AI

a) Governments should promote a policy environment that supports an agile transition from the research and development stage to the deployment and operation stage for trustworthy AI systems. To this effect, they should consider using experimentation to provide a controlled environment in which AI systems can be tested, and scaled up, as appropriate. b) Governments should review and adapt, as appropriate, their policy and regulatory frameworks and assessment mechanisms as they apply to AI systems to encourage innovation and competition for trustworthy AI.

Published by The Organisation for Economic Co-operation and Development (OECD) in OECD Principles on Artificial Intelligence, May 22, 2019

5. Benefits and Costs

When developing regulatory and non regulatory approaches, agencies will often consider the application and deployment of AI into already regulated industries. Presumably, such significant investments would not occur unless they offered significant economic potential. As in all technological transitions of this nature, the introduction of AI may also create unique challenges. For example, while the broader legal environment already applies to AI applications, the application of existing law to questions of responsibility and liability for decisions made by AI could be unclear in some instances, leading to the need for agencies, consistent with their authorities, to evaluate the benefits, costs, and distributional effects associated with any identified or expected method for accountability. Executive Order 12866 calls on agencies to “select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity).” Agencies should, when consistent with law, carefully consider the full societal costs, benefits, and distributional effects before considering regulations related to the development and deployment of AI applications. Such consideration will include the potential benefits and costs of employing AI, when compared to the systems AI has been designed to complement or replace, whether implementing AI will change the type of errors created by the system, as well as comparison to the degree of risk tolerated in other existing ones. Agencies should also consider critical dependencies when evaluating AI costs and benefits, as technological factors (such as data quality) and changes in human processes associated with AI implementation may alter the nature and magnitude of the risks and benefits. In cases where a comparison to a current system or process is not available, evaluation of risks and costs of not implementing the system should be evaluated as well.

Published by The White House Office of Science and Technology Policy (OSTP), United States in Principles for the Stewardship of AI Applications, Jan 13, 2020

6. Flexibility

When developing regulatory and non regulatory approaches, agencies should pursue performance based and flexible approaches that can adapt to rapid changes and updates to AI applications. Rigid, design based regulations that attempt to prescribe the technical specifications of AI applications will in most cases be impractical and ineffective, given the anticipated pace with which AI will evolve and the resulting need for agencies to react to new information and evidence. Targeted agency conformity assessment schemes, to protect health and safety, privacy, and other values, will be essential to a successful, and flexible, performance based approach. To advance American innovation, agencies should keep in mind international uses of AI, ensuring that American companies are not disadvantaged by the United States’ regulatory regime.

Published by The White House Office of Science and Technology Policy (OSTP), United States in Principles for the Stewardship of AI Applications, Jan 13, 2020