8 AI and Intellectual Property

Organisations that develop, deploy or use AI systems should take necessary steps to protect the rights in the resulting works through appropriate and directed application of existing intellectual property rights laws. Governments should investigate how AI authored works may be further protected, without seeking to create any new IP right at this stage.
Principle: The Eight Principles of Responsible AI, May 23, 2019

Published by International Technology Law Association (ITechLaw)

Related Principles

· (1) Human centric

Utilization of AI should not infringe upon fundamental human rights that are guaranteed by the Constitution and international norms. AI should be developed and utilized and implemented in society to expand the abilities of people and to pursue the diverse concepts of happiness of diverse people. In the AI utilized society, it is desirable that we implement appropriate mechanisms of literacy education and promotion of proper uses, so as not to over depend on AI or not to ill manipulate human decisions by exploiting AI. AI can expand human abilities and creativity not only by replacing part of human task but also by assisting human as an advanced instrument. When using AI, people must judge and decide for themselves how to use AI. Appropriate stakeholders involved in the development, provision, and utilization of AI should be responsible for the result of AI utilization, depending on the nature of the issue. In order to avoid creating digital divide and allow all people to reap the benefit of AI regardless of their digital expertise, each stakeholder should take into consideration to user friendliness of the system in the process of AI deployment.

Published by Cabinet Office, Government of Japan in Social Principles of Human-centric AI (Draft), Dec 27, 2018

· 2. The Principle of Non maleficence: “Do no Harm”

AI systems should not harm human beings. By design, AI systems should protect the dignity, integrity, liberty, privacy, safety, and security of human beings in society and at work. AI systems should not threaten the democratic process, freedom of expression, freedoms of identify, or the possibility to refuse AI services. At the very least, AI systems should not be designed in a way that enhances existing harms or creates new harms for individuals. Harms can be physical, psychological, financial or social. AI specific harms may stem from the treatment of data on individuals (i.e. how it is collected, stored, used, etc.). To avoid harm, data collected and used for training of AI algorithms must be done in a way that avoids discrimination, manipulation, or negative profiling. Of equal importance, AI systems should be developed and implemented in a way that protects societies from ideological polarization and algorithmic determinism. Vulnerable demographics (e.g. children, minorities, disabled persons, elderly persons, or immigrants) should receive greater attention to the prevention of harm, given their unique status in society. Inclusion and diversity are key ingredients for the prevention of harm to ensure suitability of these systems across cultures, genders, ages, life choices, etc. Therefore not only should AI be designed with the impact on various vulnerable demographics in mind but the above mentioned demographics should have a place in the design process (rather through testing, validating, or other). Avoiding harm may also be viewed in terms of harm to the environment and animals, thus the development of environmentally friendly AI may be considered part of the principle of avoiding harm. The Earth’s resources can be valued in and of themselves or as a resource for humans to consume. In either case it is necessary to ensure that the research, development, and use of AI are done with an eye towards environmental awareness.

Published by The European Commission’s High-Level Expert Group on Artificial Intelligence in Draft Ethics Guidelines for Trustworthy AI, Dec 18, 2018

5. The autonomous power to hurt, destroy or deceive human beings should never be vested in artificial intelligence.

There is a significant risk that well intended AI research will be misused in ways which harm people. AI researchers and developers must consider the ethical implications of their work. The Cabinet Office's final Cyber Security & Technology Strategy must explicitly consider the risks of AI with respect to cyber security, and the Government should conduct further research as how to protect data sets from any attempts at data sabotage. The Government and Ofcom must commission research into the possible impact of AI on conventional and social media outlets, and investigate measures which might counteract the use of AI to mislead or distort public opinion as a matter of urgency.

Published by House of Lords, Select Committee on Artificial Intelligence in AI Code, Apr 16, 2018

1. Principle of proper utilization

Users should make efforts to utilize AI systems or AI services in a proper scope and manner, under the proper assignment of roles between humans and AI systems, or among users. [Main points to discuss] A) Utilization in the proper scope and manner On the basis of the provision of information and explanation from developers, etc. and with consideration of social contexts and circumstances, users may be expected to use AI in the proper scope and manner. In addition, users may be expected to recognize benefits and risks, understand proper uses, acquire necessary knowledge and skills and so on before using AI, according to the characteristics, usage situations, etc. of AI. Furthermore, users may be expected to check regularly whether they use AI in an appropriate scope and manner. B) Proper balance of benefits and risks of AI AI service providers and business users may be expected to take into consideration proper balance between benefits and risks of AI, including the consideration of the active use of AI for productivity and work efficiency improvements, after appropriately assessing risks of AI. C) Updates of AI software and inspections repairs, etc. of AI Through the process of utilization, users may be expected to make efforts to update AI software and perform inspections, repairs, etc. of AI in order to improve the function of AI and to mitigate risks. D) Human Intervention Regarding the judgment made by AI, in cases where it is necessary and possible (e.g., medical care using AI), humans may be expected to make decisions as to whether to use the judgments of AI, how to use it etc. In those cases, what can be considered as criteria for the necessity of human intervention? In the utilization of AI that operates through actuators, etc., in the case where it is planned to shift to human operation under certain conditions, what kind of matters are expected to be paid attention to? [Points of view as criteria (example)] • The nature of the rights and interests of indirect users, et al., and their intents, affected by the judgments of AI. • The degree of reliability of the judgment of AI (compared with reliability of human judgment). • Allowable time necessary for human judgment • Ability expected to be possessed by users E) Role assignments among users With consideration of the volume of capabilities and knowledge on AI that each user is expected to have and ease of implementing necessary measures, users may be expected to play such roles as seems to be appropriate and also to bear the responsibility. F) Cooperation among stakeholders Users and data providers may be expected to cooperate with stakeholders and to work on preventive or remedial measures (including information sharing, stopping and restoration of AI, elucidation of causes, measures to prevent recurrence, etc.) in accordance with the nature, conditions, etc. of damages caused by accidents, security breaches, privacy infringement, etc. that may occur in the future or have occurred through the use of AI. What is expected reasonable from a users point of view to ensure the above effectiveness?

Published by Ministry of Internal Affairs and Communications (MIC), the Government of Japan in Draft AI Utilization Principles, Jul 17, 2018

4. Adopt a Human In Command Approach

An absolute precondition is that the development of AI must be responsible, safe and useful, where machines maintain the legal status of tools, and legal persons retain control over, and responsibility for, these machines at all times. This entails that AI systems should be designed and operated to comply with existing law, including privacy. Workers should have the right to access, manage and control the data AI systems generate, given said systems’ power to analyse and utilize that data (See principle 1 in “Top 10 principles for workers’ data privacy and protection”). Workers must also have the ‘right of explanation’ when AI systems are used in human resource procedures, such as recruitment, promotion or dismissal.

Published by UNI Global Union in Top 10 Principles For Ethical Artificial Intelligence, Dec 11, 2017