· 1.5 Liability of AI Systems Due to Autonomy

The use of AI to make autonomous consequential decisions about people, informed by – but often replacing decisions made by – human driven bureaucratic processes, has led to concerns about liability. Acknowledging existing legal and regulatory frameworks, we are committed to partnering with relevant stakeholders to inform a reasonable accountability framework for all entities in the context of autonomous systems.
Principle: AI Policy Principles, Oct 24, 2017

Published by Information Technology Industry Council (ITI)

Related Principles

(f) Rule of law and accountability

Rule of law, access to justice and the right to redress and a fair trial provide the necessary framework for ensuring the observance of human rights standards and potential AI specific regulations. This includes protections against risks stemming from ‘autonomous’ systems that could infringe human rights, such as safety and privacy. The whole range of legal challenges arising in the field should be addressed with timely investment in the development of robust solutions that provide a fair and clear allocation of responsibilities and efficient mechanisms of binding law. In this regard, governments and international organisations ought to increase their efforts in clarifying with whom liabilities lie for damages caused by undesired behaviour of ‘autonomous’ systems. Moreover, effective harm mitigation systems should be in place.

Published by European Group on Ethics in Science and New Technologies, European Commission in Ethical principles and democratic prerequisites, Mar 9, 2018

· 5. The Principle of Explicability: “Operate transparently”

Transparency is key to building and maintaining citizen’s trust in the developers of AI systems and AI systems themselves. Both technological and business model transparency matter from an ethical standpoint. Technological transparency implies that AI systems be auditable, comprehensible and intelligible by human beings at varying levels of comprehension and expertise. Business model transparency means that human beings are knowingly informed of the intention of developers and technology implementers of AI systems. Explicability is a precondition for achieving informed consent from individuals interacting with AI systems and in order to ensure that the principle of explicability and non maleficence are achieved the requirement of informed consent should be sought. Explicability also requires accountability measures be put in place. Individuals and groups may request evidence of the baseline parameters and instructions given as inputs for AI decision making (the discovery or prediction sought by an AI system or the factors involved in the discovery or prediction made) by the organisations and developers of an AI system, the technology implementers, or another party in the supply chain.

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

Ensuring Accountability

Principle: Legal accountability has to be ensured when human agency is replaced by decisions of AI agents. Recommendations: Ensure legal certainty: Governments should ensure legal certainty on how existing laws and policies apply to algorithmic decision making and the use of autonomous systems to ensure a predictable legal environment. This includes working with experts from all disciplines to identify potential gaps and run legal scenarios. Similarly, those designing and using AI should be in compliance with existing legal frameworks. Put users first: Policymakers need to ensure that any laws applicable to AI systems and their use put users’ interests at the center. This must include the ability for users to challenge autonomous decisions that adversely affect their interests. Assign liability up front: Governments working with all stakeholders need to make some difficult decisions now about who will be liable in the event that something goes wrong with an AI system, and how any harm suffered will be remedied.

Published by Internet Society, "Artificial Intelligence and Machine Learning: Policy Paper" in Guiding Principles and Recommendations, Apr 18, 2017

(Preamble)

New developments in Artificial Intelligence are transforming the world, from science and industry to government administration and finance. The rise of AI decision making also implicates fundamental rights of fairness, accountability, and transparency. Modern data analysis produces significant outcomes that have real life consequences for people in employment, housing, credit, commerce, and criminal sentencing. Many of these techniques are entirely opaque, leaving individuals unaware whether the decisions were accurate, fair, or even about them. We propose these Universal Guidelines to inform and improve the design and use of AI. The Guidelines are intended to maximize the benefits of AI, to minimize the risk, and to ensure the protection of human rights. These Guidelines should be incorporated into ethical standards, adopted in national law and international agreements, and built into the design of systems. We state clearly that the primary responsibility for AI systems must reside with those institutions that fund, develop, and deploy these systems.

Published by The Public Voice coalition, established by Electronic Privacy Information Center (EPIC) in Universal Guidelines for Artificial Intelligence, Oct 23, 2018

3. Scientific Integrity and Information Quality

The government’s regulatory and non regulatory approaches to AI applications should leverage scientific and technical information and processes. Agencies should hold information, whether produced by the government or acquired by the government from third parties, that is likely to have a clear and substantial influence on important public policy or private sector decisions (including those made by consumers) to a high standard of quality, transparency, and compliance. Consistent with the principles of scientific integrity in the rulemaking and guidance processes, agencies should develop regulatory approaches to AI in a manner that both informs policy decisions and fosters public trust in AI. Best practices include transparently articulating the strengths, weaknesses, intended optimizations or outcomes, bias mitigation, and appropriate uses of the AI application’s results. Agencies should also be mindful that, for AI applications to produce predictable, reliable, and optimized outcomes, data used to train the AI system must be of sufficient quality for the intended use.

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