Safe and Ethical AI (SEA) Platform Network · Linking Artificial Intelligence Principles (LAIP)

· 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

· 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

4. Accountable and responsible

Organizations and individuals developing, deploying or operating AI systems should be held accountable for their ongoing proper functioning in line with the other principles. Human accountability and decision making over AI systems within an organization needs to be clearly identified, appropriately distributed and actively maintained throughout the system’s life cycle. An organizational culture around shared ethical responsibilities over the system must also be promoted. Where AI is used to make or assist with decisions, a public and accessible process for redress should be designed, developed, and implemented with input from a multidisciplinary team and affected stakeholders. Algorithmic systems should also be regularly peer reviewed or audited to ensure that unwanted biases have not inadvertently crept in over time. Why it matters Identifying and appropriately distributing accountability within an organization helps ensure continuous human oversight over the system is properly maintained. In addition to clear roles related to accountability, it is also important to promote an organizational culture around shared ethical responsibilities. This helps prevent gaps and avoids the situation where ethical considerations are always viewed as someone else’s responsibility. While our existing legal framework includes numerous traditional processes of redress related to governmental decision making, AI systems can present unique challenges to those traditional processes with their complexity. Input from a multidisciplinary team and affected stakeholders will help identify those issues in advance and design appropriate mechanisms to mitigate them. Regular peer review of AI systems is also important. Issues around bias may not be evident when AI systems are initially designed or developed, so it's important to consider this requirement throughout the lifecycle of the system.

Published by Government of Ontario, Canada in Principles for Ethical Use of AI [Beta], Sept 14, 2023

Plan and Design:

1 This step is crucial to design or procure an AI System in an accountable and responsible manner. The ethical responsibility and liability for the outcomes of the AI system should be attributable to stakeholders who are responsible for certain actions in the AI System Lifecycle. It is essential to set a robust governance structure that defines the authorization and responsibility areas of the internal and external stakeholders without leaving any areas of uncertainty to achieve this principle. The design approach of the AI system should respect human rights, and fundamental freedoms as well as the national laws and cultural values of the kingdom. 2 Organizations can put in place additional instruments such as impact assessments, risk mitigation frameworks, audit and due diligence mechanisms, redress, and disaster recovery plans. 3 It is essential to build and design a human controlled AI system where decisions on the processes and functionality of the technology are monitored and executed, and are susceptible to intervention from authorized users. Human governance and oversight establish the necessary control and levels of autonomy through set mechanisms.

Published by SDAIA in AI Ethics Principles, Sept 14, 2022

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, Nov 17, 2020